AGENDA DEARBORN COUNTY COUNCIL MEETING
Tuesday, Nov. 22, 2011
6:30 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. PLEDGE OF ALLEGIANCE
II. CALL TO ORDER
III. SUPERIOR COURT II – Judge Sally Blankenship
IV. PROSECUTOR – Aaron Negangard
V. PLANNING AND ZONING – Mark McCormack
VI. SHERIFF / JAIL – Mike Kreinhop & Ken McAllister
Funding commitment
Amendment for signatures
VII. HEALTH DEPARTMENT – Doug Baer
VIII. REGIONAL SEWER DISTRICT – Steven H Renihan
IX. COMMUNICATIONS – Charles Ashley
X. CIRCUIT COURT PROBATION – Stephen Bradley
XI. COMMISSIONERS – William Ewbank
XII. HIGHWAY – Todd Listerman
XIII. CLERK OF COURTS – Phillip Weaver
XIV. PAWS - Sandy Carley
XV. CARDINAL OFFICE PRODUCTS – Randy Foley
XVI. TREASURER – Barb Kaffenberger
XVII. DISCUSSION OF RIVERBOAT SAVINGS ACCOUNT
XVIII. DISCUSSION OF JAIL FUNDING
XIX. PARK BOARD - Ordinance
XX. AUDITOR – Gayle Pennington
XXI. ADJOURN
Monday, November 21, 2011
Thursday, November 17, 2011
County Officials' Refusal to Consider Alternatives Will Cost Taxpayers
County Officials' Refusal to Consider Alternatives Will Cost Taxpayers
by Douglas Garner
Zerbe Garner Miller & Blondell, LLP
The jail expansion plan has been approved by the County Commissioners and is set to be voted on by County Council on November 22nd at 6:30 p.m. It will cost county taxpayers at least eight million dollars to build and millions more to operate. The jail expansion is a direct result of the Prosecutor’s and Judges’ failure to change policies that caused the jail overcrowding dilemma. They would rather throw county taxpayers’ money at the problem and lock more people up than admit current strategies are not working and seek new solutions.
Less expensive and more effective alternatives to incarceration are underutilized by our Prosecutor and Judges. The primary response over the past 20 years has been to lock offenders up, both pretrial and after conviction. Dearborn and Ohio Counties share a prosecutor and a judge and are leaders in Indiana in sending people to the Department of Corrections (DOC). Dearborn County and Ohio County are 6th and 3rd respectively out of 92 counties in sending people to the DOC for low-level (Class D) felony convictions. With more jail space, more people will be held in jail longer locally.
Holding offenders in jail and sending them to the DOC for short periods of time is ineffective in preventing future crime, wastes money and ruins lives. “Lock them up and throw away the key” might be a popular campaign slogan, but it does not protect our community. The maximum sentence for a D Felony is three years. It is often served in 1 ½ years with good time credit. This means D Felony offenders will be released and be back in our community in a short period of time. Contrary to local thinking, “a taste of prison” is not helpful in reducing recidivism. Sending offenders to prison for a few months does not increase the chances they will stay out of trouble. It does the opposite. Over
67% of prison inmates reoffend within three years of release. Appropriate treatment reduces recidivism by more than 30% over those receiving no treatment.
A felony conviction and no treatment increases the likelihood an offender will be involved in new criminal behavior. If our county officials were truly concerned about protecting the community from crime, they would be proposing spending more money on appropriate treatment for low level offenders. Eight million dollars in building costs and likely over one million per year in operating costs for an expanded jail would fund a lot of treatment.
Since 1980, the number of incarcerated Americans has quadrupled. We have the highest documented incarceration rate in the world at 754 per 100,000 people. Albert Einstein reportedly said, “Insanity: doing the same thing over and over again and expecting different results.” It is time to try something different in Dearborn County.
Douglas Garner
by Douglas Garner
Zerbe Garner Miller & Blondell, LLP
The jail expansion plan has been approved by the County Commissioners and is set to be voted on by County Council on November 22nd at 6:30 p.m. It will cost county taxpayers at least eight million dollars to build and millions more to operate. The jail expansion is a direct result of the Prosecutor’s and Judges’ failure to change policies that caused the jail overcrowding dilemma. They would rather throw county taxpayers’ money at the problem and lock more people up than admit current strategies are not working and seek new solutions.
Less expensive and more effective alternatives to incarceration are underutilized by our Prosecutor and Judges. The primary response over the past 20 years has been to lock offenders up, both pretrial and after conviction. Dearborn and Ohio Counties share a prosecutor and a judge and are leaders in Indiana in sending people to the Department of Corrections (DOC). Dearborn County and Ohio County are 6th and 3rd respectively out of 92 counties in sending people to the DOC for low-level (Class D) felony convictions. With more jail space, more people will be held in jail longer locally.
Holding offenders in jail and sending them to the DOC for short periods of time is ineffective in preventing future crime, wastes money and ruins lives. “Lock them up and throw away the key” might be a popular campaign slogan, but it does not protect our community. The maximum sentence for a D Felony is three years. It is often served in 1 ½ years with good time credit. This means D Felony offenders will be released and be back in our community in a short period of time. Contrary to local thinking, “a taste of prison” is not helpful in reducing recidivism. Sending offenders to prison for a few months does not increase the chances they will stay out of trouble. It does the opposite. Over
67% of prison inmates reoffend within three years of release. Appropriate treatment reduces recidivism by more than 30% over those receiving no treatment.
A felony conviction and no treatment increases the likelihood an offender will be involved in new criminal behavior. If our county officials were truly concerned about protecting the community from crime, they would be proposing spending more money on appropriate treatment for low level offenders. Eight million dollars in building costs and likely over one million per year in operating costs for an expanded jail would fund a lot of treatment.
Since 1980, the number of incarcerated Americans has quadrupled. We have the highest documented incarceration rate in the world at 754 per 100,000 people. Albert Einstein reportedly said, “Insanity: doing the same thing over and over again and expecting different results.” It is time to try something different in Dearborn County.
Douglas Garner
Tuesday, November 15, 2011
15 November 2011 Dearborn County Commissioners Meeting Notes
15 November 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance Freedom for Options Form – tabled for Baudendistel to meet with McCormack. Hughes asked to be with them at this meeting to be sure his ideas are understood. Orschell thought McGill should be present as he’s Planning attorney. Baudendistel agreed as he seeks help from McGill when he has questions on Planning.
Recorder’s Office- Redaction Services and Support Agreement- every document we get in is redacted. He contacted CSI- $4095/year and a four year one with an out of $2925 (one year) paid. This is funded thru fees from the recorder’s office. $2925/year is the amount if they do the four year contract- a big savings. Commissioners approved the four year contract.
Sheriff’s Dept Medical Fee Schedule Signature- Baudendistel prepared the ordinance that amends the inmate handbook. This amends the sick call request form. Commissioners approved Ordinance 2011-015. Pennington will present this to Council at their meeting Nov 22 at 6;30 PM
NEW BUSINESS:
Mark McCormack- Planning Commission:
Request to Vacate Candlewood Court in Harvest Ridge Estates- At the Oct 24 PC meeting there was a unanimous favorable recommendation. Maxwell petitioned to vacate the small street (155 feet)so they could replat. They will replace it with a private common driveway that the county does NOT maintain. No one has objected to date. All property surrounding this belong to Maxwell. Commissioners approved the vacation as it does not limit access to property. They signed the ordinance 2011-016 as prepared by Baudendistel.
Proposed Amendments to Article 2, Sections 280 and 282 of the Subdivision Control Ordinance- McCormack stated that the PC unanimously gave a favorable recommendation to this. He explained that these were changed to match the states new code revisions. No one spoke out against this at the PC meeting. If all property owners are in agreement that it’s OK to vacate, they don’t have to have a hearing- they can just file a written instrument doing this. This will save applicants an extra step and money and time in some cases. Commissioners can send items to PC for review if they want to get their recommendation. We want certified surveys as part of these in addition to the requirements of state code. It makes sense in some areas with ROW and other public ways involved. The person wanting to make the change is responsible for the fees. Costs are about $150 plus meeting costs. Commissioners approved ordinance 2011-017 and 2011-018 for the amendments to Article 2 Sections 280 and 282.
Proposed Amendments to Article 22 Section 2245 of the Zoning Ordinance –PC unanimously passed a favorable recommendation to entirely repeal that section on parking lot landscaping requirements. Other ordinances cover drainage issues, etc. Exterior plantings and bufferyards are still required. The applicant can still put landscape in parking areas on their own if they desire. Commissioners approved Ordinance 2011-019 to remove article 22 Section 2245 from the Zoning Ordinance.
McCormack said they will be bringing more revisions due to the state law changes in the future. He will email to Baudendistel as their offices have moved.
County Administrator’s Position- County Coordinator position not funded by Council- this is now a newly funded position in the 2012 budget. They will post the position and HR- Suellen Cauble will help with the interview process. Some positions get a team interview. They will go over the old Administrator’s job description. Commissioners make the final decision. McHenry wanted to make it clear that this was not an attack on Bill but we have to follow the policy on filling a new position. Orschell concurred. They will schedule an executive session for this.
Ratify Life Time Housing Payroll Authorization Letter- This was time sensitive so Hughes signed. McHenry said they should have sent someone to answer questions about this. They don’t know much about this. They refused to ratify until Life Time comes in. Tabled.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer was absent so Tim Grieve, Highway Supervisor, presented.
Hired truck drivers- most have CDLs- still looking for the 5th driver. McHenry asked for the names of those new hires.
They had a round table discussion at HVL per Orschell- and they asked if they could share some of our paving contract prices, fuel, and salt. They could participate in the INDOT contract for salt like we do- unless there is some issue with their lack of incorporation. Orschell said we could still do the fuel, asphalt, and paving. Grieve will research that for legalities. Grieve asked how much asphalt they use. They could maybe get the contractors to smile on them for the prices on the paving issues etc. Salt would not work as they are not a public entity. Grieve thought the best thing would be for him to talk to our vendors. He thought the cities should consider this as well. Some towns like to be their own player.
AUDITOR: Gayle Pennington- presented that Dr Steven Eliason ( sp?) will continue on. Commissioners reappointed Eliason to the Board of Health. The appointment can be reaffirmed at the first Jan 2012 meeting per Baudendistel.
Nov 1 meeting minutes- McHenry wanted his motion on the jail expansion to be typed out verbatim. Tabled for Gayle to do that. Claims were approved.
ATTORNEY: Andy Baudendistel-Margaret Minzner with GIS forwarded an agreement for Wolpert, Inc. to perform orthophotography for the county. They fly the county in February. Hughes is impressed with the IT capabilities of the GIS system. Cost of the contract is shared with OKI and pledges of support to council and towns, cities, conservancy district. Each will pay in something. Orthophotography is turned on now per Pennington. Commissioners approved the contract for $ 41,293.31
COUNTY COORDINATOR: Bill Ewbank:
Appointment of American Disability Acts Coordinator- Federal Hwy funds depend on our compliance with this ADA act. There are a number of steps and milestones that must be met. Several have to be accomplished by Dec 31st. they are revisiting this to get to 1996 level of compliance. Bill Ewbank (the County Coordinator/Administrator) will be the ADA Coordinator. Costs will include doorknobs at $150-200 each lever lockset. Hoosier Square to get entrance ADA accessible. Parks, roads, crosswalks, etc. will be addressed. Grants may be available for some of this. First we need to get our laundry list together to see what we need to do. Historical structures may be exempt if ADA would destroy historical value. Sight, hearing etc are also needing to be considered.
Request to go to Council – Additional Appropriation for Hoosier Square and Courthouse Renovations and Adm Bldg. – requesting $655,000 additional. They are going to try to bring this budget down, line by line. They have some major work to get space for Superior 2. They can fund Hoosier Square first and then do the Courthouse 2nd. Because the number is high they know they have to phase it. The original costs of all this would have been $6million- now if we get it all done- it will be less than $2 million including Votaw space etc. Commissioners approved Ewbank going to council.
Approve Consulting Agreement with Kroger Consulting & Dearborn County Foundation - DCF- enable IT- trying to get broadband to all of Dearborn County. Partners are all schools, hospital, municipalities, and HVL. Hughes asked to include Workforce One. No cost to us- just want us to enthusiastically support it. Commissioners signed.
Ewbank asked to develop a procedure to dispose of surplus vehicles. He has been getting a lot of requests from other entities. He wants to keep county agencies as first pick. 2nd pick could be municipal fire depts. and EMS and maybe last go to private not for profit organizations. Pennington said SBOA would want some procedures in place. Orschell said Sue had copies of titles of vehicles we no longer have- that may be at HVL. Bill to develop a procedure and email to Baudendistel to look over. This has to be available for audit by SBOA.
Pennington is getting ready to purchase a new recording system effective Jan 1st. This will have a written and audio version to be ADA compliant. You can click on these on the county website soon.
Health Sept has a video conferencing set up so the county can use that if needed.
Sue Hayden has placed all board members due for appointment Jan 1st.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT- none
Meeting adjourned at 10:25 AM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance Freedom for Options Form – tabled for Baudendistel to meet with McCormack. Hughes asked to be with them at this meeting to be sure his ideas are understood. Orschell thought McGill should be present as he’s Planning attorney. Baudendistel agreed as he seeks help from McGill when he has questions on Planning.
Recorder’s Office- Redaction Services and Support Agreement- every document we get in is redacted. He contacted CSI- $4095/year and a four year one with an out of $2925 (one year) paid. This is funded thru fees from the recorder’s office. $2925/year is the amount if they do the four year contract- a big savings. Commissioners approved the four year contract.
Sheriff’s Dept Medical Fee Schedule Signature- Baudendistel prepared the ordinance that amends the inmate handbook. This amends the sick call request form. Commissioners approved Ordinance 2011-015. Pennington will present this to Council at their meeting Nov 22 at 6;30 PM
NEW BUSINESS:
Mark McCormack- Planning Commission:
Request to Vacate Candlewood Court in Harvest Ridge Estates- At the Oct 24 PC meeting there was a unanimous favorable recommendation. Maxwell petitioned to vacate the small street (155 feet)so they could replat. They will replace it with a private common driveway that the county does NOT maintain. No one has objected to date. All property surrounding this belong to Maxwell. Commissioners approved the vacation as it does not limit access to property. They signed the ordinance 2011-016 as prepared by Baudendistel.
Proposed Amendments to Article 2, Sections 280 and 282 of the Subdivision Control Ordinance- McCormack stated that the PC unanimously gave a favorable recommendation to this. He explained that these were changed to match the states new code revisions. No one spoke out against this at the PC meeting. If all property owners are in agreement that it’s OK to vacate, they don’t have to have a hearing- they can just file a written instrument doing this. This will save applicants an extra step and money and time in some cases. Commissioners can send items to PC for review if they want to get their recommendation. We want certified surveys as part of these in addition to the requirements of state code. It makes sense in some areas with ROW and other public ways involved. The person wanting to make the change is responsible for the fees. Costs are about $150 plus meeting costs. Commissioners approved ordinance 2011-017 and 2011-018 for the amendments to Article 2 Sections 280 and 282.
Proposed Amendments to Article 22 Section 2245 of the Zoning Ordinance –PC unanimously passed a favorable recommendation to entirely repeal that section on parking lot landscaping requirements. Other ordinances cover drainage issues, etc. Exterior plantings and bufferyards are still required. The applicant can still put landscape in parking areas on their own if they desire. Commissioners approved Ordinance 2011-019 to remove article 22 Section 2245 from the Zoning Ordinance.
McCormack said they will be bringing more revisions due to the state law changes in the future. He will email to Baudendistel as their offices have moved.
County Administrator’s Position- County Coordinator position not funded by Council- this is now a newly funded position in the 2012 budget. They will post the position and HR- Suellen Cauble will help with the interview process. Some positions get a team interview. They will go over the old Administrator’s job description. Commissioners make the final decision. McHenry wanted to make it clear that this was not an attack on Bill but we have to follow the policy on filling a new position. Orschell concurred. They will schedule an executive session for this.
Ratify Life Time Housing Payroll Authorization Letter- This was time sensitive so Hughes signed. McHenry said they should have sent someone to answer questions about this. They don’t know much about this. They refused to ratify until Life Time comes in. Tabled.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer was absent so Tim Grieve, Highway Supervisor, presented.
Hired truck drivers- most have CDLs- still looking for the 5th driver. McHenry asked for the names of those new hires.
They had a round table discussion at HVL per Orschell- and they asked if they could share some of our paving contract prices, fuel, and salt. They could participate in the INDOT contract for salt like we do- unless there is some issue with their lack of incorporation. Orschell said we could still do the fuel, asphalt, and paving. Grieve will research that for legalities. Grieve asked how much asphalt they use. They could maybe get the contractors to smile on them for the prices on the paving issues etc. Salt would not work as they are not a public entity. Grieve thought the best thing would be for him to talk to our vendors. He thought the cities should consider this as well. Some towns like to be their own player.
AUDITOR: Gayle Pennington- presented that Dr Steven Eliason ( sp?) will continue on. Commissioners reappointed Eliason to the Board of Health. The appointment can be reaffirmed at the first Jan 2012 meeting per Baudendistel.
Nov 1 meeting minutes- McHenry wanted his motion on the jail expansion to be typed out verbatim. Tabled for Gayle to do that. Claims were approved.
ATTORNEY: Andy Baudendistel-Margaret Minzner with GIS forwarded an agreement for Wolpert, Inc. to perform orthophotography for the county. They fly the county in February. Hughes is impressed with the IT capabilities of the GIS system. Cost of the contract is shared with OKI and pledges of support to council and towns, cities, conservancy district. Each will pay in something. Orthophotography is turned on now per Pennington. Commissioners approved the contract for $ 41,293.31
COUNTY COORDINATOR: Bill Ewbank:
Appointment of American Disability Acts Coordinator- Federal Hwy funds depend on our compliance with this ADA act. There are a number of steps and milestones that must be met. Several have to be accomplished by Dec 31st. they are revisiting this to get to 1996 level of compliance. Bill Ewbank (the County Coordinator/Administrator) will be the ADA Coordinator. Costs will include doorknobs at $150-200 each lever lockset. Hoosier Square to get entrance ADA accessible. Parks, roads, crosswalks, etc. will be addressed. Grants may be available for some of this. First we need to get our laundry list together to see what we need to do. Historical structures may be exempt if ADA would destroy historical value. Sight, hearing etc are also needing to be considered.
Request to go to Council – Additional Appropriation for Hoosier Square and Courthouse Renovations and Adm Bldg. – requesting $655,000 additional. They are going to try to bring this budget down, line by line. They have some major work to get space for Superior 2. They can fund Hoosier Square first and then do the Courthouse 2nd. Because the number is high they know they have to phase it. The original costs of all this would have been $6million- now if we get it all done- it will be less than $2 million including Votaw space etc. Commissioners approved Ewbank going to council.
Approve Consulting Agreement with Kroger Consulting & Dearborn County Foundation - DCF- enable IT- trying to get broadband to all of Dearborn County. Partners are all schools, hospital, municipalities, and HVL. Hughes asked to include Workforce One. No cost to us- just want us to enthusiastically support it. Commissioners signed.
Ewbank asked to develop a procedure to dispose of surplus vehicles. He has been getting a lot of requests from other entities. He wants to keep county agencies as first pick. 2nd pick could be municipal fire depts. and EMS and maybe last go to private not for profit organizations. Pennington said SBOA would want some procedures in place. Orschell said Sue had copies of titles of vehicles we no longer have- that may be at HVL. Bill to develop a procedure and email to Baudendistel to look over. This has to be available for audit by SBOA.
Pennington is getting ready to purchase a new recording system effective Jan 1st. This will have a written and audio version to be ADA compliant. You can click on these on the county website soon.
Health Sept has a video conferencing set up so the county can use that if needed.
Sue Hayden has placed all board members due for appointment Jan 1st.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT- none
Meeting adjourned at 10:25 AM
Christine Brauer Mueller
Lawrenceburg Township
Friday, November 11, 2011
Veteran's Day 11-11-11
On Veterans Day we thank those who have served in the military during times of war and peace, especially our own Dearborn County veterans.
This nation will remain the land of the free only so long as it is the home of the brave.
-- Elmer Davis
I think there is one higher office than president and I would call that patriot.
-- Gary Hart
In war, there are no unwounded soldiers.
-- José Narosky
We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
-- George Orwell
The more we sweat in peace, the less we bleed in war.
-- Vijaya Lakshmi Pandit
Courage is almost a contradiction in terms. It means a strong desire to live taking the form of readiness to die.
-- G.K. Chesterton
In the beginning of a change, the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.
-- Mark Twain
History does not long entrust the care of freedom to the weak or the timid.
-- General Dwight D. Eisenhower
Freedom is never free.
-- Author Unknown
This nation will remain the land of the free only so long as it is the home of the brave.
-- Elmer Davis
I think there is one higher office than president and I would call that patriot.
-- Gary Hart
In war, there are no unwounded soldiers.
-- José Narosky
We sleep safely in our beds because rough men stand ready in the night to visit violence on those who would do us harm.
-- George Orwell
The more we sweat in peace, the less we bleed in war.
-- Vijaya Lakshmi Pandit
Courage is almost a contradiction in terms. It means a strong desire to live taking the form of readiness to die.
-- G.K. Chesterton
In the beginning of a change, the patriot is a scarce man, and brave, and hated and scorned. When his cause succeeds, the timid join him, for then it costs nothing to be a patriot.
-- Mark Twain
History does not long entrust the care of freedom to the weak or the timid.
-- General Dwight D. Eisenhower
Freedom is never free.
-- Author Unknown
Thursday, November 10, 2011
Agenda for Nov 15th Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 15, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
Freedom for Options Form
2. Recorder’s – Redaction Services & Support Agreement
3. Sign off on Sheriff Department Medical Fee Schedule
IV. NEW BUSINESS
1. Mark McCormack – Plan Commission
a. Request to Vacate Candlewood Court in Harvest Ridge Estates
b. Proposed Amendments to Article 2, Sections 280 & 282 of Subdivision Control Ordinance
c. Proposed Amendments to Article 22, Section 2245 of Zoning Ordinance
2. County Administrator’s Position
County Coordinator position not funded per Council
3. Ratify Life Time Housing Payroll Authorization Letter
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Appointment of American Disability Acts Coordinator
2. Request to go to Council
Additional Appropriation for Hoosier Square and Courthouse Renovations
3. Approve Consulting Agreement with Kroger Consulting & DCF
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 15, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
Freedom for Options Form
2. Recorder’s – Redaction Services & Support Agreement
3. Sign off on Sheriff Department Medical Fee Schedule
IV. NEW BUSINESS
1. Mark McCormack – Plan Commission
a. Request to Vacate Candlewood Court in Harvest Ridge Estates
b. Proposed Amendments to Article 2, Sections 280 & 282 of Subdivision Control Ordinance
c. Proposed Amendments to Article 22, Section 2245 of Zoning Ordinance
2. County Administrator’s Position
County Coordinator position not funded per Council
3. Ratify Life Time Housing Payroll Authorization Letter
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Appointment of American Disability Acts Coordinator
2. Request to go to Council
Additional Appropriation for Hoosier Square and Courthouse Renovations
3. Approve Consulting Agreement with Kroger Consulting & DCF
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Monday, November 07, 2011
Joseph McCaleb Letter from Brewington Sentencing HearingTranscribed
9/25/11
Re: Dan Brewington
Mr. Negangard,
I am currently a cellmate of Dan Brewington, whom I assume you are familiar with. Mr. Brewington is always discussing his case. However, two days ago he received transcripts of his grand jury hearing. Based upon what he’s been telling me and what I’ve read in the transcripts, this guy needs help.
I understand how he’s frustrated because he truly believes he has done no wrong but some of the threats he made against Judge Humphrey and yourself are more than just frustration. They are so detailed and thoughtout that I really believe that he may act upon them. For example, he has told me a fantasy about following Judge Humphrey home from work, kidnapping him with the .357 he was ordered to hand over to his ex-wife, shooting him and using concrete to dispose of him in the Ohio River. It’s not so much the fantasy of doing such, but it’s moreso the well thoughtout step by step details he gave that alarmed me.
Moreover, he has admitted stalking Dr. Connor by driving past his house, his plans to picket his home and business with signs proclaiming him to be a criminal and unfaithful to his wife and admitted he knew Ms. Humphrey was the wife of Judge Humphrey when he post their address.
I would appreciate it if you would keep this confidential. From what most I have heard from the people here (mostly Brewington), you are crooked and dirty, only out for yourself. I don’t take these opinions too seriously considering the sources so I have faith that you will honor this request.
If you need to speak to me regarding this I will be more than happy to do so. I do not ask for anything in return other than keeping this to yourself for now.
Regards,
Joseph McCaleb
Re: Dan Brewington
Mr. Negangard,
I am currently a cellmate of Dan Brewington, whom I assume you are familiar with. Mr. Brewington is always discussing his case. However, two days ago he received transcripts of his grand jury hearing. Based upon what he’s been telling me and what I’ve read in the transcripts, this guy needs help.
I understand how he’s frustrated because he truly believes he has done no wrong but some of the threats he made against Judge Humphrey and yourself are more than just frustration. They are so detailed and thoughtout that I really believe that he may act upon them. For example, he has told me a fantasy about following Judge Humphrey home from work, kidnapping him with the .357 he was ordered to hand over to his ex-wife, shooting him and using concrete to dispose of him in the Ohio River. It’s not so much the fantasy of doing such, but it’s moreso the well thoughtout step by step details he gave that alarmed me.
Moreover, he has admitted stalking Dr. Connor by driving past his house, his plans to picket his home and business with signs proclaiming him to be a criminal and unfaithful to his wife and admitted he knew Ms. Humphrey was the wife of Judge Humphrey when he post their address.
I would appreciate it if you would keep this confidential. From what most I have heard from the people here (mostly Brewington), you are crooked and dirty, only out for yourself. I don’t take these opinions too seriously considering the sources so I have faith that you will honor this request.
If you need to speak to me regarding this I will be more than happy to do so. I do not ask for anything in return other than keeping this to yourself for now.
Regards,
Joseph McCaleb
Brewington Voluntarily Dismisses Federal Lawsuit Without Prejudice Today
Note: Dismissal Without Prejudice does not preclude filing the suit at a later date.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DANIEL BREWINGTON : CASE NO. 1:11-CV-1144SEB-DML
:
Plaintiff :
:
-vs.- :
:
F. AARON NEGANGARD, et al. :
:
Defendants :
PLAINTIFF’S STIPULATION OF VOLUNTARY DISMISSAL OF
ALL CLAIMS AS TO ALL PARTIES PURSUANT TO FRCP 41 (a)
Now comes the Plaintiff, by and through undersigned counsel, and hereby dismisses his
complaint in the within cause of action without prejudice at Plaintiff’s costs.
/s/ Robert G. Kelly
Robert G. Kelly (0002167)
Trial Counsel for Plaintiff
4353 Montgomery Road
Norwood, Ohio 45212
(513) 531-3636
(513) 531-0135 Fax
Email address: rgkellycolpa@aol.com
CERTIFICATE OF SERVICE
I hereby certify that on November 7, 2011, a copy of the foregoing motion with signature was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system.
Cory C. Voight
Deputy Attorney General
Email: coryvoigt@atg.in.gov
Michael E. Brown, Esq.
Kightlinger & Gray
Email: mbrown@k-glaw.com
Case 1:11-cv-01144-SEB-DML Document 39 Filed 11/07/11 Page 1 of 2 PageID #: 169
Liberty L. Roberts, Esq.
Collier Magar & Roberts
Email: liberty@cmrlawfirm.com
Karen R. Goodwell, Esq.
Richard L. Mattox, Esq.
Mattox & Wilson LLP
Email: krg@mattoxwilson.com
Email: rlm@mattoxwilson.com
Jason J. Pattison, Esq.
Jenner, Auxier & Pattison, LLP
Email: jpattison@wjennerlaw.net
/s/ Robert G. Kelly
Robert G. Kelly (0002167)
2
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
DANIEL BREWINGTON : CASE NO. 1:11-CV-1144SEB-DML
:
Plaintiff :
:
-vs.- :
:
F. AARON NEGANGARD, et al. :
:
Defendants :
PLAINTIFF’S STIPULATION OF VOLUNTARY DISMISSAL OF
ALL CLAIMS AS TO ALL PARTIES PURSUANT TO FRCP 41 (a)
Now comes the Plaintiff, by and through undersigned counsel, and hereby dismisses his
complaint in the within cause of action without prejudice at Plaintiff’s costs.
/s/ Robert G. Kelly
Robert G. Kelly (0002167)
Trial Counsel for Plaintiff
4353 Montgomery Road
Norwood, Ohio 45212
(513) 531-3636
(513) 531-0135 Fax
Email address: rgkellycolpa@aol.com
CERTIFICATE OF SERVICE
I hereby certify that on November 7, 2011, a copy of the foregoing motion with signature was filed electronically. Notice of this filing will be sent to the following parties by operation of the Court’s electronic filing system. Parties may access this filing through the Court’s system.
Cory C. Voight
Deputy Attorney General
Email: coryvoigt@atg.in.gov
Michael E. Brown, Esq.
Kightlinger & Gray
Email: mbrown@k-glaw.com
Case 1:11-cv-01144-SEB-DML Document 39 Filed 11/07/11 Page 1 of 2 PageID #: 169
Liberty L. Roberts, Esq.
Collier Magar & Roberts
Email: liberty@cmrlawfirm.com
Karen R. Goodwell, Esq.
Richard L. Mattox, Esq.
Mattox & Wilson LLP
Email: krg@mattoxwilson.com
Email: rlm@mattoxwilson.com
Jason J. Pattison, Esq.
Jenner, Auxier & Pattison, LLP
Email: jpattison@wjennerlaw.net
/s/ Robert G. Kelly
Robert G. Kelly (0002167)
2
Tuesday, November 01, 2011
1 November 2011 Dearborn County Commissioners Meeting Notes
1 November 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
Register Publications covered the meeting.
OLD BUSINESS:
Private Real property Rights Preservation Ordinance- Hughes wants an Addendum to Future Land use Plan Exemptions for all private property owners who request it. Hughes went back thru land use plan and said it wasn’t going to be regulatory. Doesn’t want special interests group to determine what someone can do with their land. Orschell said – it’s an advisory tool- and it should be discussed in Planning and Zoning. Hughes thinks commissioners should LEAD that process. Hughes wants to have Baudendistel to research it to exempt property owner from the land use plan. Orschell has a problem with exemptions. McHenry said he sees a use for regulations and also wants people to be able to use their land for whatever in reason. Hughes calls the master plan an arbitrary plan made up by special interests. He cited an individual asking someone to be taken off the master plan committee when they didn’t do what he thought was right. Hughes doesn’t want government standing in anyone’s way, if they use all their creative genius to kick start the economy with a business for example. Baudendistel is to look to draw up an addendum that make sure the future land use map is not a regulatory map and doesn’t get in the way of developing property if someone wants to. It will go to plan commission for discussion.
Revised Jail Expansion Project- Mark of RQAW and Joe Mrak were present to go over the history of the justice center and current plan. April 10, 2010 meeting- Purchase Hoosier Square and add to the jail were the 2 items that came from that meeting. RQAW was contracted to plan for this in the master plan for the justice system housing. There were a series of presentations over the next year to construct 250 more beds that included a component of work-release housing. It became known before June 2011 that we might not be able to afford this. They eliminated the work release housing from the plan, knowing that it might be able to be done later. Even with that 50 bed elimination it was thought to be too expensive. They went back to the table- now on revision 2 on the preliminary design phase. They want their design to accommodate future expansion should it be necessary. Proposing about 122 beds with the option of 78 or so more. These 122 would be lighter security cells- dormitories and 4 man cells. They also would, have the open space minimally constructed like a walk out basement for the 78 should they be needed later.
Programming space is also in the plan for drug programs. Remodeling of the basement allows for additional space for law enforcement. Video arraignment might also be in this plan for improved security. New kitchen and laundry space is included. Miami County uses their multipurpose room for video arraignment. RQAW designed that. Hughes kept asking how close the video arraignment space had to be to the judge. He didn’t realize that this operates through the internet for video transfer.
Mark said that they can relocate some officers to supervise 120 inmates more without having to change staffing needs. He also had a new space to isolate the female population from the males. There would be increased utility costs due to increased space, but the staffing plan would be staff neutral be relocating their spaces. Food, heat, and staff are the big jail costs.
Cost of this is: Hard construction costs- $7 – 7.4 million. Soft costs would be $1.13- 1.2 million. Shoot for the low number and plan on the high number. Maximum amount is $9,259,663 according to their estimates.
Additional square footage for vehicular sally-port is about $250,000. Proposed 336 bed total capacity. They also have a space to add additional housing attached to the current plan space. Prefabricated modular steel cells are what are being used to make these cells. This is most cost effective. This happens without disrupting security for the rest of the jail. They have been using these since 2002. Columbus Indiana- Bartholomew County Jail uses these and the architecture matches the city there. These modular cells are inside the building- a double envelope style. The windows do NOT line up with the outside windows to avoid prisoners “show and tell” with outside world. They still get borrowed natural light. Task Force recommends this – the group changes a little bit depending on staff schedules. Orschell said he had the pleasure of heading up the task force and the biggest problem was the money. They took out basement and parking area and an elevator. The J-caps and GED needed space. Orschell thinks this is a good fit for Dearborn County. McHenry asked what it would take to take C3 back to work release. Mark outlined the details that would need to be added. Less than 200 ankle bracelets are available in the county for work release. Orschell said the county wants to reduce repetitive crime with their programs. We keep 80 out of state (25%) or out of county in here and 100 probationers. ( 40%) Kreinhop provided the percentages that they have on average. Kreinhop is concerned that the county will be sued for overcrowded conditions as they were 22 years ago. A judge ordered the building of the current facility due to this. A bill died that would have returned all Class D felonies to us. If they do succeed in passing this we will have a problem housing this. Orschell said that Rep. Jud McMillin told him it could happen but not as likely as a year ago. 87% are being held on at least one class D felony or more. Only 17% were being held for misdemeanors.
Hughes asked if the commissioners would like to have a public hearing. McHenry says this is fueled by drug abuse or related crime. These people often commit more crimes – theft – to get money for the drugs or substance abuse. He doesn’t want to see the county become catch and release like Hamilton County has become. McHenry said- Dearborn County is called the Bermuda Triangle- once you get caught over here you are never coming back.
Hughes asked if the economic downturn has increased crime. This particular downturn has not shown this per Joe Mrak of RQAW. Hughes thought that more jobs and economic development would decrease crime. McHenry said that with 87% of felons- they will have a hard time getting jobs with that history.
Orschell said this project should go forwarded. McHenry agreed. He wanted to hire a construction management firm to help them. Hughes asked about a referendum. Orschell said that would cost $50,000. Why not have a remonstrance possibility with 100 signatures- cheaper. This would call for a petition “war” or “race” to see what side wins then. Barnes and Thornburgh and Umbaugh and Associates presented on this earlier.
Orschell said that if we are doing our homework, due diligence, and be fiscally responsible. If they feel we did it wrong they will fire us next election. He thinks Council is going to have to work out. McHenry says Council will decide if they are ready to fund this. McHenry motioned to go to Council with the project and see if they are willing to fund it and if so we will hire a construction management firm to manage it. Orschell 2nd. Hughes wanted it to die. He voted nay- Passed. This discussion took a little over an hour.
Unnecessary Regulations Discussion- Planning Commission forwarded a favorable recommendation section 2245 Article 22- tabled.
Vacate Right of way at West St and Alley in Hardinsburg- Kraus Jr. County Surveyor presented on behalf of owner Terry Cornett. It was also modified to accommodate the needs of the Lawrenceburg conservancy district for floodway control including the request by Richard Butler, attorney for LCD. No discussion as no public was concerned. Baudendistel read the ordinance vacating this. Commissioners passed the vacation of West Street and the alley.
NEW BUSINESS:
Sheriff Kreinhop/Kenny McAlister- request to approach Council for one time funds to replace canine who had to be retired due to bone cancer. McAlister was available for questions as the canine handler. Kreinhop supported and endorsed the replacement. McAlister gave a quote from the kennels in Peru where they purchased the last one. Cost is same as the old one for $10,000. The price increase was not used as this was so early to replace. The last one was funded by the Community Foundation for $23,000. He has turned in a $7500 grant from CASA. He is also seeking $5,000 from the community foundation. There are also options for private citizens to donate. He also passed out info on programs the canine participated in. He uses the dog has a bridge to get the kids to talk. Commissioners approved them seeking money at Council.
Recorder- Redaction Services and Support Agreement- Bill Ewbank asked to table this until contract is amended . Tabled.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:
Accept Indian Ridge section 2 off Dutch Hollow road- 3 roads- Creek Side Drive0.2mi, Falling Rock 0.16 mi, and extension of Indian Ridge 0.26 mi. Commissioners approved these 3 roads and accepted them into inventory.
Bridge needing replaced- #38-Schwipps Rd- $58,300 for Barth and Associates for design. Approved. Baudendistel has reviewed the contracts on this and the following 3.
Bridge #41- $53,700 on Lake Tambo Road- Barth and Associates- Approved
Bridge #43 $56,800-Platt Road Barth and Associates- Approved.
Bridge # 77 Woliung Road$60,700 – Barth and Associates- Approved.
Council gave preliminary approval to meet with INDOT to start the process on Stateline Road.
Dedication tomorrow morning at 10 AM for new salt facility on Randall Ave funded by L-bg thru the Community Foundation. Commissioners joked about having brunch as they already had the salt.
Hughes asked about contracts with private contractors for snow removal. Listerman said they are using FEMA prices.
AUDITOR: Gayle Pennington- claims approved. Oct 18 and Sept 20 minutes approved. Hughes said he hadn’t looked them over- but if they were ok with it was good enough for him.
Gayle said that Superior Court 2 has not had any conflicts with our morning meeting since she has been in office. She wanted to have them moved to adm bldg for 2012- Commissioners agreed. They were grateful to L-bg for providing the space and a letter will be sent to L-bg thanking them.
ATTORNEY: Andy Baudendistel- Presented the ordinance regarding Commissioner and Council Districts which were redrawn without splitting precincts. Commissioners approved the ordinance- #2011-013.
Baudendistel also presented an amendment to Zoning Ordinance to comply with new laws passed. It deals with appeals and waivers. Article 1 section 160 Approved.
COUNTY COORDINATOR: Bill Ewbank
Disposition of surplus vehicles- no longer needs to be discussed. These go to general fund and so the agencies selling need to request these funds back from Council.
INDOT available Thursday for Commissioners- who will drive up together early that morning.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- Hughes had to sign a grant from the Indiana Justice Institute from Tom McKay who said it was time sensitive. McHenry said it was a worthwhile program. McKay had been working on it for a long time. No money needed from county. Commissioners ratified the grant.
PUBLIC COMMENT- none
Meeting adjourned at 8 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
Register Publications covered the meeting.
OLD BUSINESS:
Private Real property Rights Preservation Ordinance- Hughes wants an Addendum to Future Land use Plan Exemptions for all private property owners who request it. Hughes went back thru land use plan and said it wasn’t going to be regulatory. Doesn’t want special interests group to determine what someone can do with their land. Orschell said – it’s an advisory tool- and it should be discussed in Planning and Zoning. Hughes thinks commissioners should LEAD that process. Hughes wants to have Baudendistel to research it to exempt property owner from the land use plan. Orschell has a problem with exemptions. McHenry said he sees a use for regulations and also wants people to be able to use their land for whatever in reason. Hughes calls the master plan an arbitrary plan made up by special interests. He cited an individual asking someone to be taken off the master plan committee when they didn’t do what he thought was right. Hughes doesn’t want government standing in anyone’s way, if they use all their creative genius to kick start the economy with a business for example. Baudendistel is to look to draw up an addendum that make sure the future land use map is not a regulatory map and doesn’t get in the way of developing property if someone wants to. It will go to plan commission for discussion.
Revised Jail Expansion Project- Mark of RQAW and Joe Mrak were present to go over the history of the justice center and current plan. April 10, 2010 meeting- Purchase Hoosier Square and add to the jail were the 2 items that came from that meeting. RQAW was contracted to plan for this in the master plan for the justice system housing. There were a series of presentations over the next year to construct 250 more beds that included a component of work-release housing. It became known before June 2011 that we might not be able to afford this. They eliminated the work release housing from the plan, knowing that it might be able to be done later. Even with that 50 bed elimination it was thought to be too expensive. They went back to the table- now on revision 2 on the preliminary design phase. They want their design to accommodate future expansion should it be necessary. Proposing about 122 beds with the option of 78 or so more. These 122 would be lighter security cells- dormitories and 4 man cells. They also would, have the open space minimally constructed like a walk out basement for the 78 should they be needed later.
Programming space is also in the plan for drug programs. Remodeling of the basement allows for additional space for law enforcement. Video arraignment might also be in this plan for improved security. New kitchen and laundry space is included. Miami County uses their multipurpose room for video arraignment. RQAW designed that. Hughes kept asking how close the video arraignment space had to be to the judge. He didn’t realize that this operates through the internet for video transfer.
Mark said that they can relocate some officers to supervise 120 inmates more without having to change staffing needs. He also had a new space to isolate the female population from the males. There would be increased utility costs due to increased space, but the staffing plan would be staff neutral be relocating their spaces. Food, heat, and staff are the big jail costs.
Cost of this is: Hard construction costs- $7 – 7.4 million. Soft costs would be $1.13- 1.2 million. Shoot for the low number and plan on the high number. Maximum amount is $9,259,663 according to their estimates.
Additional square footage for vehicular sally-port is about $250,000. Proposed 336 bed total capacity. They also have a space to add additional housing attached to the current plan space. Prefabricated modular steel cells are what are being used to make these cells. This is most cost effective. This happens without disrupting security for the rest of the jail. They have been using these since 2002. Columbus Indiana- Bartholomew County Jail uses these and the architecture matches the city there. These modular cells are inside the building- a double envelope style. The windows do NOT line up with the outside windows to avoid prisoners “show and tell” with outside world. They still get borrowed natural light. Task Force recommends this – the group changes a little bit depending on staff schedules. Orschell said he had the pleasure of heading up the task force and the biggest problem was the money. They took out basement and parking area and an elevator. The J-caps and GED needed space. Orschell thinks this is a good fit for Dearborn County. McHenry asked what it would take to take C3 back to work release. Mark outlined the details that would need to be added. Less than 200 ankle bracelets are available in the county for work release. Orschell said the county wants to reduce repetitive crime with their programs. We keep 80 out of state (25%) or out of county in here and 100 probationers. ( 40%) Kreinhop provided the percentages that they have on average. Kreinhop is concerned that the county will be sued for overcrowded conditions as they were 22 years ago. A judge ordered the building of the current facility due to this. A bill died that would have returned all Class D felonies to us. If they do succeed in passing this we will have a problem housing this. Orschell said that Rep. Jud McMillin told him it could happen but not as likely as a year ago. 87% are being held on at least one class D felony or more. Only 17% were being held for misdemeanors.
Hughes asked if the commissioners would like to have a public hearing. McHenry says this is fueled by drug abuse or related crime. These people often commit more crimes – theft – to get money for the drugs or substance abuse. He doesn’t want to see the county become catch and release like Hamilton County has become. McHenry said- Dearborn County is called the Bermuda Triangle- once you get caught over here you are never coming back.
Hughes asked if the economic downturn has increased crime. This particular downturn has not shown this per Joe Mrak of RQAW. Hughes thought that more jobs and economic development would decrease crime. McHenry said that with 87% of felons- they will have a hard time getting jobs with that history.
Orschell said this project should go forwarded. McHenry agreed. He wanted to hire a construction management firm to help them. Hughes asked about a referendum. Orschell said that would cost $50,000. Why not have a remonstrance possibility with 100 signatures- cheaper. This would call for a petition “war” or “race” to see what side wins then. Barnes and Thornburgh and Umbaugh and Associates presented on this earlier.
Orschell said that if we are doing our homework, due diligence, and be fiscally responsible. If they feel we did it wrong they will fire us next election. He thinks Council is going to have to work out. McHenry says Council will decide if they are ready to fund this. McHenry motioned to go to Council with the project and see if they are willing to fund it and if so we will hire a construction management firm to manage it. Orschell 2nd. Hughes wanted it to die. He voted nay- Passed. This discussion took a little over an hour.
Unnecessary Regulations Discussion- Planning Commission forwarded a favorable recommendation section 2245 Article 22- tabled.
Vacate Right of way at West St and Alley in Hardinsburg- Kraus Jr. County Surveyor presented on behalf of owner Terry Cornett. It was also modified to accommodate the needs of the Lawrenceburg conservancy district for floodway control including the request by Richard Butler, attorney for LCD. No discussion as no public was concerned. Baudendistel read the ordinance vacating this. Commissioners passed the vacation of West Street and the alley.
NEW BUSINESS:
Sheriff Kreinhop/Kenny McAlister- request to approach Council for one time funds to replace canine who had to be retired due to bone cancer. McAlister was available for questions as the canine handler. Kreinhop supported and endorsed the replacement. McAlister gave a quote from the kennels in Peru where they purchased the last one. Cost is same as the old one for $10,000. The price increase was not used as this was so early to replace. The last one was funded by the Community Foundation for $23,000. He has turned in a $7500 grant from CASA. He is also seeking $5,000 from the community foundation. There are also options for private citizens to donate. He also passed out info on programs the canine participated in. He uses the dog has a bridge to get the kids to talk. Commissioners approved them seeking money at Council.
Recorder- Redaction Services and Support Agreement- Bill Ewbank asked to table this until contract is amended . Tabled.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer:
Accept Indian Ridge section 2 off Dutch Hollow road- 3 roads- Creek Side Drive0.2mi, Falling Rock 0.16 mi, and extension of Indian Ridge 0.26 mi. Commissioners approved these 3 roads and accepted them into inventory.
Bridge needing replaced- #38-Schwipps Rd- $58,300 for Barth and Associates for design. Approved. Baudendistel has reviewed the contracts on this and the following 3.
Bridge #41- $53,700 on Lake Tambo Road- Barth and Associates- Approved
Bridge #43 $56,800-Platt Road Barth and Associates- Approved.
Bridge # 77 Woliung Road$60,700 – Barth and Associates- Approved.
Council gave preliminary approval to meet with INDOT to start the process on Stateline Road.
Dedication tomorrow morning at 10 AM for new salt facility on Randall Ave funded by L-bg thru the Community Foundation. Commissioners joked about having brunch as they already had the salt.
Hughes asked about contracts with private contractors for snow removal. Listerman said they are using FEMA prices.
AUDITOR: Gayle Pennington- claims approved. Oct 18 and Sept 20 minutes approved. Hughes said he hadn’t looked them over- but if they were ok with it was good enough for him.
Gayle said that Superior Court 2 has not had any conflicts with our morning meeting since she has been in office. She wanted to have them moved to adm bldg for 2012- Commissioners agreed. They were grateful to L-bg for providing the space and a letter will be sent to L-bg thanking them.
ATTORNEY: Andy Baudendistel- Presented the ordinance regarding Commissioner and Council Districts which were redrawn without splitting precincts. Commissioners approved the ordinance- #2011-013.
Baudendistel also presented an amendment to Zoning Ordinance to comply with new laws passed. It deals with appeals and waivers. Article 1 section 160 Approved.
COUNTY COORDINATOR: Bill Ewbank
Disposition of surplus vehicles- no longer needs to be discussed. These go to general fund and so the agencies selling need to request these funds back from Council.
INDOT available Thursday for Commissioners- who will drive up together early that morning.
COMMISSIONER COMMENTS- none
LATE ARRIVAL INFORMATION- Hughes had to sign a grant from the Indiana Justice Institute from Tom McKay who said it was time sensitive. McHenry said it was a worthwhile program. McKay had been working on it for a long time. No money needed from county. Commissioners ratified the grant.
PUBLIC COMMENT- none
Meeting adjourned at 8 PM
Christine Brauer Mueller
Lawrenceburg Township
Friday, October 28, 2011
Agenda for Nov 1st Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 1, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
Addendum to Future Land Use Plan Exemptions for All Private Property Owners who request it
2. Revised Jail Expansion Project
3. Unnecessary Regulations Discussion
Planning Commission Forwarded Recommendation Section 2245 Article 22
4. Vacate Right of Way at West St. and Alley in Hardinsburg
IV. NEW BUSINESS
1. Sheriff Kreinhop/Kenny McAlister – Request to approach Council
2. Recorder’s – Redaction Services & Support Agreement
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Disposition of Surplus Vehicles
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
November 1, 2011
6:00 p.m., Commissioners Room
County Administration Building
215 B West High Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
Addendum to Future Land Use Plan Exemptions for All Private Property Owners who request it
2. Revised Jail Expansion Project
3. Unnecessary Regulations Discussion
Planning Commission Forwarded Recommendation Section 2245 Article 22
4. Vacate Right of Way at West St. and Alley in Hardinsburg
IV. NEW BUSINESS
1. Sheriff Kreinhop/Kenny McAlister – Request to approach Council
2. Recorder’s – Redaction Services & Support Agreement
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
1. Disposition of Surplus Vehicles
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Tuesday, October 25, 2011
24 October 2011 Sentencing Hearing For Dan Brewington- Notes
24 October 2011 Sentencing Hearing For Dan Brewington- Notes
Special Judge Brian Hill from Rush County presided over the hearing. Brian Barrett continued as Brewington’s Public Defender- also from Rush County. Prosecutor Negangard and his assistant prosecutor Joe Kisor were also present. Brewington was attired in his orange jumpsuit and pink handcuffs.
Judge Hill asked if they all received a copy of the presentencing evaluation report. Answer-Yes.
Negangard presented all the state’s evidence with Kisor nodding frequently throughout the presentation.
Mike Kreinhop- sheriff was called first and identified exhibit 1 as Dan’s Adventure’s in Taking on the Family Court’s writings. Negangard added- and those are just the ones he’s added since the jury convicted him!
Barrett asked questions for the preliminary purpose of objecting. He asked, “Do you have knowledge as to who posted these? He has been in your custody.” Negangard noted they were also posted in links on the Dearborn County Blogsite.
The postings were admitted over Barrett’s objection.
Dr Edward Connor was called by Negangard and identified as one of the victims. He read a lengthy statement for the court directed at Dan Brewington. Connor said he’d read his (Brewington’s) thought’s for four years and that you have spent an enormous amount of time blaming everyone but yourself. You have been scheming and plotting to intimidate. Connor cited a case where Brewington wrote an anonymous letter to damage his practice and get others to hate me. and said that he didn’t testify at trial because he knew they would ask him about that and he’d have to admit to it. You told people I was a pervert in a post about asking a client about “shaving pubic hair.” That is a commonly asked question in cases where we try to find out about possible molestation. This is how you take one item and twist it to your own purpose. Connor reiterated the accusations that Brewington tried to damage his reputation and practice by mass mailings to attorneys and colleagues of Connor’s from the trial. He said, you have obsessed about me for four years, You are paranoid. But you do know the difference between right and wrong. I couldn’t predict if you would act on your writings. You also posted things about my wife (who is also a psychologist and works with Connor) When you said you would beat the custody evaluator senseless, that was a real threat, You even found a picture of my deceased father and posted that and also a picture of me from a wedding- and it is not known how you obtained that. You posted my street name and the amount of mortgage on my house. It did intimidate us. Three judges, the KY Board of Psychologists, all agreed that I had a right NOT to release the case file to you. You hold fast to these ideas and it will be a longer time away from your daughters. Connor cited the ex wife, his former attorneys, staff at daughter’s school etc as people Brewington blames or thinks are all wrong. Connor said- I never wrote anything about you on the internet. You have tremendous writing skills, computer skills, and intelligence. But you lack emotional intelligence. I do not determine if you get the case file- the court decides. Know this- There is nothing in the case file that will have any bearing on your custody case! I know that you would have posted info from that case file on the internet and hurt your ex-wife and kids. You wasted taxpayer’s dollars with this trial. Your family supports your delusional behavior. If allowed to go free you will ramp up your efforts to hurt people. We need to set a precedent here about internet stalking. The Courts will not have assistance or citizens to help as they will fear internet retaliation.
Sara Jones- Connor- had no prepared statement- she defers to what Dr Connor said. This is frightening to us. We have dealt with him daily for the past four years. We were not sure how he got info on us. The number of websites he used is astonishing. The amount of time he spent in his quest for revenge is disturbing. She reiterated the so- called anonymous letter to her husband. He attempted to gather other disgruntled clients- some of the clients we have are dangerous individuals. We were frightened for our children. He won’t stop if he goes free. What will he do? No children for two years doesn’t stop him, jail time doesn’t stop him. This is not about free speech-it’s about threats and intimidation- the degree he has caused alarm and fear in ours and other victim’s lives.
Heidi Humphrey- said they had to change their life style. He was given a simple request to seek help- and instead he has used this to intimidate. We are scared. I am still looking over my shoulder.
Judge Hill conferred with the attorneys.
Judge James D Humphrey- identified as Circuit Court Judge for Dearborn and Ohio Counties and a victim of Dan Brewington’s crimes. He read a statement saying that he was here in an unfamiliar role and needed to temper his remarks as he is a judge. He said that NO judge who saw Brewington’s writing, behavior, etc. would have …. This is not first amendment, but a disturbed person. He has not taken his own kids into consideration. It is more disturbing that he put my wife and family in this as some sort of sick revenge.
Humphrey praised Judge Hill for taking the case and also the public defender and Negangard for their roles in the case. You will probably be the next target. My wife and I have been targeted in a ridiculous federal lawsuit. He said that the lawsuit paperwork was sent to their home address- as one more way of using their home address. (Heidi Humphrey’s only legal address)
Humphrey said this is not a banana republic where judges can be intimidated. We will not be bullied or intimidated by you!
He (Brewington) will not listen or show any signs of remorse. Probation will just be a new target of intimidation. My wife and I will accept whatever your decision is. This man has no remorse and will carry out his sick campaign into the future.
Humphrey then sat in the front row and watched the rest of the hearing.
Joseph Kevin McCaleb (in getting the correct spelling from the county jail inmate list other info is that he was incarcerated July 4, 2011 for several counts of theft and attempted theft) McCaleb said he was Brewington’s cellmate for the past 2.5 months. He identified and exhibit as a letter that he (McCaleb) wrote to Aaron Negangard. Negangard asked McCaleb if Brewington said anything about future behavior. McCaleb said that there were comments about shooting Judge Humphrey that were so detailed and thought out that he was worried. He said now I don’t think this anymore. Negangard asked why and he said after talking to him and getting to know his family, I don’t think the same. Negangard asked what the fantasy was that he had written about. McCaleb said following him home, shooting him and dumping him in the river. Did he admit to having the 357? McCaleb- yes. Did he admit to driving past Connor’s house? Yes. Did he admit Heidi was James Humphrey’s wife? Yes.
Negangard asked, “Did he have any other thoughts and opinions?” McCaleb said- “He had thoughts and opinions about you!” Negangard ignored that comment.
Barrett asked about the date of the letter- Sept 25,2011 – it was the date sent- and noted that was before the trial. (this was not brought up at the jury trial)
Negangard was finished with witnesses and Barrett asked if Brewington could use elocution and present evidence or testify. They recessed for Barrett and Brewington to consult and then resumed at 2:40 PM
Dan Brewington testified under oath from his chair. Barrett asked several questions to get the following information: Brewington is 37 years old, divorced, with two children, Mary (7) and Audrey(5). He has been incarcerated in the DCLC since 3/11/11 continuously with his previous arrest in Ohio 3 days prior to turning himself in Indiana. He bonded out of Ohio to report to Indiana. He is prepared to address the court himself and present several documents.
Brewington began by addressing the judge as your Honor and cited some court cases throughout this and quotes to show his belief in his constitutional rights of 1st amendment. ( Cantwell vs. Connecticut) he said- I vigorously challenged the legal system. If I felt the activities violated laws I would not have done that. I don’t like to use this word in court but Mr. Negangard said that you can call the judge a son of a bitch but not a child abuser. The prosecutor convinced the grand jury to indict me for exposing evidence and even told the jurors in my trial not to worry about that.(referring to the post where Brewington says he’s going to talk about the grand jury and then the link goes to a movie script.) This brings into question all the indictments by the grand jury. Judge Humphrey’s candidacy and political contribution report has a post it note that says “Do not disclose address.” In Ohio this is against election rules. This exhibit B shows Humphrey’s election forms dating back to Oct 12, 2004 ALL LISTING Humphrey’s address- as it is a public record.
In reference to publishing Heidi Humphrey’s address on the internet- Brewington said that as late as Aug 22, 2009, she was listed as a public official. In a Feb 21, 2011 article on the internet it lists all of James Humphrey’s activities, spouse, kids, and smoking recipes. He also hunted squirrels as a kid. And yet they question me teaching my girls to shoot a BB gun.
Negangard stopped him and questioned how he got the internet report- it was from his family and Brewington had asked them to research Humphrey on the internet.
Brewington said that Prosecutor Negangard did not tell the truth when he said I did not get a mental health evaluation. The exhibits introduced at this point were Sept 30, 2009 and Oct 2009 encounters with Dr Henry Waite, psychiatrist. He said that Dr, Waite is and MD and can prescribe, unlike Dr. Connor who is a PhD psychologist. Judge Humphrey’s orders to get a mental health evaluation were from August 18, 2009. There is a letter in this exhibit from Dr. Waite that he wrote after finding out about my situation and also a CV (curriculum vitae) for Dr. Waite.
Another exhibit shows Waite being able to receive Connor’s evaluation. Jan 19, 2010 and March 2010 dates were on these items. The court was aware that he wanted to use Dr. Waite. On March 19, 2010 a hearing was set for June 14 2010 to get Dr. Waite approved. Humphrey recused himself 5 days before this hearing. He served as our judge for a year after he knew I was investigating him. There are 8 different entries on the CCS documents on my divorce from Dr. Waite. Waite describes me as being like a CEO- with and energetic personality. He says that I am no danger to my kids or others. Brewington also showed a letter from his treating physician Dr. Doug Logan and patient ledgers showing that he has not missed treatments since 2002. Granted this is just for ADHD.
It was stated that I attacked Dr Connor because of the custody issues. That is not true- I went after this report because of the numerous errors and oversights and then he charged us to correct them. He had inaccurate prescription usage and listed my brother Mark as a reference. My brother is Matt and I never gave his name as a reference. There were issues with eth office policy statement submitted by my wife and her attorney, Angela Loechel. Connor said this was an adjunct document… Judge Hill interrupted and wanted Brewington to get to pertinent information.
Brewington said they brought another inmate in here attesting to ridiculous allegations. They had Keith Jones on a drive-by on Judge Humphrey tip that was investigated by Shane McHenry and ATF agent. The jail management system in Hamilton County shows that we never came in contact in the Hamilton County Justice center. This is an example of the QUESTIONABLE conduct of the prosecutor. This exhibit shows that and also certified copies of Keith Jones arrest records.
Judge Hill said- the inmate at the Hamilton County jail and the one at DCLC are not a concern. I will NOT take any part of these into consideration in my sentencing.
All the exhibits on Dr Waite are admitted. It was not clear if the info on the Keith Jones case was admitted or not.
Exhibit J had four letters of character references from people who knew Brewington- Thomas Maloney- fire chief, Tim Haywood, a police officer, Jane ( and RN) and Wendell- ( couldn’t catch their last names).
The final Exhibit- K- is a picture of me and my daughters just before they were taken away. One of the girls would run back and forth to reset the timer on the camera. We took a lot of pictures- we do creative things- it’s who we were- and what we did. Brewington’ s voice cracked several times talking about his daughters. Barrett helped fill in with a question to ease him through.
Brewington went on- I will turn 38 soon and aside from a DUI in 1996 I follow the laws, I did say harsh things on the internet. I didn’t know it was against the law. No one told me to stop or if this falls into telecommunications harassment. Vigorous criticism by citizens is allowed. I was under the impression this would be a civil matter- not a criminal matter. Connor said he is an extension of the court system to Judge Taul so he is public. They ask what my intent with blogging was. I met a new friend ( Greg Morehead)through the blog- we connected over our custody experiences with Dr Connor. I was not stalking Dr Connor- I went to support Greg Morehead at his invitation to his hearing.
My speech was harsh- but not malicious in terms of violating the law. Brewington gave other opinions- Brandenburg vs. Ohio about yelling fire in a crowded theater. I did not threaten public safety- I did things from behind a computer- some called me a coward for that- but I signed all my writing.
I accept the punishment I get- under no circumstances did I knowingly commit a crime- I thought it was free speech.
Judge Hill asked if Dan Brewington had read his pre-sentencing evaluation- and was it accurate. He said yes. The only self reported crime was a DUI in 1996- yes- in Campbell County, KY.
Closing arguments:
Negangard:
Cited Richardson vs. state, Engelmeyer vs. state and Blakely vs. state you can look at a range of sentences. Charges in this case can go to 9-10 years maximum, depending on if they are concurrent or consecutive.
The state is concerned- even as we sit here today he accepts no responsibility. Melissa ( his wife) and the judge suggested he stop. He never accepts responsibility. He lied again when he said he didn’t know he had to get a court approved psychologist. Nor has he paid any sums ordered except child support. It shows his disdain for authority. To this day he has not done what was ordered by the court.
Negangard then talked about Judge Joan Humphrey Lefkow of Illinois. Negangard said that her pro se litigant felt bad, filed motions, a suit, and complaints to the attorney general. This guy went to her home and killed her husband and mother. The judge was not home.
There is psychological evidence for years now Brewington has paranoia and delusions and has yet to be evaluated to shed light on who he is or what makes him tick. Now he says it’s MY fault! ( Negangard’s fault) He has continually blogged since the trial. His intent is to intimidate and he lied to the grand jury when he testified and a jury found him guilty. Mr. Brewington has attempted to affect the outcome of the judicial process. Negangard then went back to Judge Lefkow having to be protected by US Marshalls. Brewington has no apologies- no acceptance of responsibility. He says- “If I knew I’d violated the law…” He’s proud that he hasn’t turned over the handgun to his wife as she’s psychologically unstable. It still hasn’t occurred to him that he should do this psych evaluation and see his kids. There is NO POINT IN PROBATION! It would just be more letters and targets. We need to protect the judicial system. We need a sentence to send a message. Connor and others won’t testify in court if they fear internet harassment. There is a shortage of doctors willing to testify across the state. When witnesses won’t testify- that will cause the republic to fall.
In blogging- the intent was no longer to stimulate public discourse. Hold him accountable for his attacks on the judicial system, He is not someone deserving of mercy. Melissa ( Brewington’s wife) thought it would be a good thing if he’d address his problems. Brewington could be wrong and he needs to be fixed.
Barrett:
gave a printed sheet of his background cases and argument- then spoke:
All his criticism- he put it in writing. The law is about aggravating and mitigating circumstances. All of these items are part of an episode of criminal conduct. The average is 18 months. The maximum is 4 years. Generally criminal history is the most significant factor. I don’t know how these acts made people feel. Negangard doesn’t agree. That’s why we have appellate courts.
Barrett said it was INAPPROPRIATE to consider Bacher vs. State 1997. The impact requires that it would require specific findings that were foreseeable to defendant. It is inappropriate for a trial judge to send a message as in Greg vs. Bay vs. state 1996. ( don’t hold me to spellings on this he was talking fast) Defendant’s jail time should be rehabilitative as well as punitive. Buchanon vs. state – talks about the absence of physical injury and minimal property loss in sentencing guides.
Barrett said his speech is protected- right or wrong- tasteful or not. He has no criminal history. This is NOT like Judge Lefkow that Negangard mentioned. ( for the story look her up on Wikipedia and the internet) This defendant ( Brewington) is likely to respond to his time already served. He has been in jail for 231 days including the Ohio time. We ask you to use the 231 days as time served and he will live with his mother in Ohio.
Judge Hill-
went over the mitigating circumstances. He found that Brewington did plan to harm them based on his voluminous amounts published. He said the circumstances are likely to reoccur as he still intends to write, even if it is not criminal. He referred to the judge in derogatory terms as often as possible in his posting about son of a bitch vs. child abuser. The probation issue is not a reasonable solution. He has been a law abiding citizen since before all this and the DUI is too long ago to even consider.
As to aggravating circumstances, Hill said there was significant harm done to people. There were ongoing comments and threat after threat for years. You twist the fact to manipulate the justice system to make yourself out to be the victim. Hill used IC 35-50-1-2 regarding consecutive and concurrent terms regarding offenses closely related in time and circumstance. He found that the perjury was separate from the other four charges.
Count 1 was 6 month in DCLC ( Connor)
Count 2 was 2 years IN DOC (Judge Humphrey)
Count 3 was 6 months DCLC (Heidi Humphrey)
Count 4 Obstruction of Justice was 2 years IN DOC
Count 5 Perjury was 1 year IN DOC
He went on about which ones were concurrent and consecutive to each other and ended up with 5 years with 231 days credit and 231 days good time credit.
The judge said there was 30 days from today to file a motion to appeal or correct errors. If a motion to correct error is filed, there is 30 days from then to file for appeal.
Brewington said he intended to appeal and asked for a public defender. Barrett suggested it be someone besides him, but that he has the motion for appeal ready to file.
Court adjourned at 4 PM
Christine Brauer Mueller
Lawrenceburg Township
Note: I attended the entire 4 day jury trial as well. Those 70 pages of notes are not posted. If you have any questions about the trial- please post them below in comments and I will be happy to refer to the trial notes to answer them.
Special Judge Brian Hill from Rush County presided over the hearing. Brian Barrett continued as Brewington’s Public Defender- also from Rush County. Prosecutor Negangard and his assistant prosecutor Joe Kisor were also present. Brewington was attired in his orange jumpsuit and pink handcuffs.
Judge Hill asked if they all received a copy of the presentencing evaluation report. Answer-Yes.
Negangard presented all the state’s evidence with Kisor nodding frequently throughout the presentation.
Mike Kreinhop- sheriff was called first and identified exhibit 1 as Dan’s Adventure’s in Taking on the Family Court’s writings. Negangard added- and those are just the ones he’s added since the jury convicted him!
Barrett asked questions for the preliminary purpose of objecting. He asked, “Do you have knowledge as to who posted these? He has been in your custody.” Negangard noted they were also posted in links on the Dearborn County Blogsite.
The postings were admitted over Barrett’s objection.
Dr Edward Connor was called by Negangard and identified as one of the victims. He read a lengthy statement for the court directed at Dan Brewington. Connor said he’d read his (Brewington’s) thought’s for four years and that you have spent an enormous amount of time blaming everyone but yourself. You have been scheming and plotting to intimidate. Connor cited a case where Brewington wrote an anonymous letter to damage his practice and get others to hate me. and said that he didn’t testify at trial because he knew they would ask him about that and he’d have to admit to it. You told people I was a pervert in a post about asking a client about “shaving pubic hair.” That is a commonly asked question in cases where we try to find out about possible molestation. This is how you take one item and twist it to your own purpose. Connor reiterated the accusations that Brewington tried to damage his reputation and practice by mass mailings to attorneys and colleagues of Connor’s from the trial. He said, you have obsessed about me for four years, You are paranoid. But you do know the difference between right and wrong. I couldn’t predict if you would act on your writings. You also posted things about my wife (who is also a psychologist and works with Connor) When you said you would beat the custody evaluator senseless, that was a real threat, You even found a picture of my deceased father and posted that and also a picture of me from a wedding- and it is not known how you obtained that. You posted my street name and the amount of mortgage on my house. It did intimidate us. Three judges, the KY Board of Psychologists, all agreed that I had a right NOT to release the case file to you. You hold fast to these ideas and it will be a longer time away from your daughters. Connor cited the ex wife, his former attorneys, staff at daughter’s school etc as people Brewington blames or thinks are all wrong. Connor said- I never wrote anything about you on the internet. You have tremendous writing skills, computer skills, and intelligence. But you lack emotional intelligence. I do not determine if you get the case file- the court decides. Know this- There is nothing in the case file that will have any bearing on your custody case! I know that you would have posted info from that case file on the internet and hurt your ex-wife and kids. You wasted taxpayer’s dollars with this trial. Your family supports your delusional behavior. If allowed to go free you will ramp up your efforts to hurt people. We need to set a precedent here about internet stalking. The Courts will not have assistance or citizens to help as they will fear internet retaliation.
Sara Jones- Connor- had no prepared statement- she defers to what Dr Connor said. This is frightening to us. We have dealt with him daily for the past four years. We were not sure how he got info on us. The number of websites he used is astonishing. The amount of time he spent in his quest for revenge is disturbing. She reiterated the so- called anonymous letter to her husband. He attempted to gather other disgruntled clients- some of the clients we have are dangerous individuals. We were frightened for our children. He won’t stop if he goes free. What will he do? No children for two years doesn’t stop him, jail time doesn’t stop him. This is not about free speech-it’s about threats and intimidation- the degree he has caused alarm and fear in ours and other victim’s lives.
Heidi Humphrey- said they had to change their life style. He was given a simple request to seek help- and instead he has used this to intimidate. We are scared. I am still looking over my shoulder.
Judge Hill conferred with the attorneys.
Judge James D Humphrey- identified as Circuit Court Judge for Dearborn and Ohio Counties and a victim of Dan Brewington’s crimes. He read a statement saying that he was here in an unfamiliar role and needed to temper his remarks as he is a judge. He said that NO judge who saw Brewington’s writing, behavior, etc. would have …. This is not first amendment, but a disturbed person. He has not taken his own kids into consideration. It is more disturbing that he put my wife and family in this as some sort of sick revenge.
Humphrey praised Judge Hill for taking the case and also the public defender and Negangard for their roles in the case. You will probably be the next target. My wife and I have been targeted in a ridiculous federal lawsuit. He said that the lawsuit paperwork was sent to their home address- as one more way of using their home address. (Heidi Humphrey’s only legal address)
Humphrey said this is not a banana republic where judges can be intimidated. We will not be bullied or intimidated by you!
He (Brewington) will not listen or show any signs of remorse. Probation will just be a new target of intimidation. My wife and I will accept whatever your decision is. This man has no remorse and will carry out his sick campaign into the future.
Humphrey then sat in the front row and watched the rest of the hearing.
Joseph Kevin McCaleb (in getting the correct spelling from the county jail inmate list other info is that he was incarcerated July 4, 2011 for several counts of theft and attempted theft) McCaleb said he was Brewington’s cellmate for the past 2.5 months. He identified and exhibit as a letter that he (McCaleb) wrote to Aaron Negangard. Negangard asked McCaleb if Brewington said anything about future behavior. McCaleb said that there were comments about shooting Judge Humphrey that were so detailed and thought out that he was worried. He said now I don’t think this anymore. Negangard asked why and he said after talking to him and getting to know his family, I don’t think the same. Negangard asked what the fantasy was that he had written about. McCaleb said following him home, shooting him and dumping him in the river. Did he admit to having the 357? McCaleb- yes. Did he admit to driving past Connor’s house? Yes. Did he admit Heidi was James Humphrey’s wife? Yes.
Negangard asked, “Did he have any other thoughts and opinions?” McCaleb said- “He had thoughts and opinions about you!” Negangard ignored that comment.
Barrett asked about the date of the letter- Sept 25,2011 – it was the date sent- and noted that was before the trial. (this was not brought up at the jury trial)
Negangard was finished with witnesses and Barrett asked if Brewington could use elocution and present evidence or testify. They recessed for Barrett and Brewington to consult and then resumed at 2:40 PM
Dan Brewington testified under oath from his chair. Barrett asked several questions to get the following information: Brewington is 37 years old, divorced, with two children, Mary (7) and Audrey(5). He has been incarcerated in the DCLC since 3/11/11 continuously with his previous arrest in Ohio 3 days prior to turning himself in Indiana. He bonded out of Ohio to report to Indiana. He is prepared to address the court himself and present several documents.
Brewington began by addressing the judge as your Honor and cited some court cases throughout this and quotes to show his belief in his constitutional rights of 1st amendment. ( Cantwell vs. Connecticut) he said- I vigorously challenged the legal system. If I felt the activities violated laws I would not have done that. I don’t like to use this word in court but Mr. Negangard said that you can call the judge a son of a bitch but not a child abuser. The prosecutor convinced the grand jury to indict me for exposing evidence and even told the jurors in my trial not to worry about that.(referring to the post where Brewington says he’s going to talk about the grand jury and then the link goes to a movie script.) This brings into question all the indictments by the grand jury. Judge Humphrey’s candidacy and political contribution report has a post it note that says “Do not disclose address.” In Ohio this is against election rules. This exhibit B shows Humphrey’s election forms dating back to Oct 12, 2004 ALL LISTING Humphrey’s address- as it is a public record.
In reference to publishing Heidi Humphrey’s address on the internet- Brewington said that as late as Aug 22, 2009, she was listed as a public official. In a Feb 21, 2011 article on the internet it lists all of James Humphrey’s activities, spouse, kids, and smoking recipes. He also hunted squirrels as a kid. And yet they question me teaching my girls to shoot a BB gun.
Negangard stopped him and questioned how he got the internet report- it was from his family and Brewington had asked them to research Humphrey on the internet.
Brewington said that Prosecutor Negangard did not tell the truth when he said I did not get a mental health evaluation. The exhibits introduced at this point were Sept 30, 2009 and Oct 2009 encounters with Dr Henry Waite, psychiatrist. He said that Dr, Waite is and MD and can prescribe, unlike Dr. Connor who is a PhD psychologist. Judge Humphrey’s orders to get a mental health evaluation were from August 18, 2009. There is a letter in this exhibit from Dr. Waite that he wrote after finding out about my situation and also a CV (curriculum vitae) for Dr. Waite.
Another exhibit shows Waite being able to receive Connor’s evaluation. Jan 19, 2010 and March 2010 dates were on these items. The court was aware that he wanted to use Dr. Waite. On March 19, 2010 a hearing was set for June 14 2010 to get Dr. Waite approved. Humphrey recused himself 5 days before this hearing. He served as our judge for a year after he knew I was investigating him. There are 8 different entries on the CCS documents on my divorce from Dr. Waite. Waite describes me as being like a CEO- with and energetic personality. He says that I am no danger to my kids or others. Brewington also showed a letter from his treating physician Dr. Doug Logan and patient ledgers showing that he has not missed treatments since 2002. Granted this is just for ADHD.
It was stated that I attacked Dr Connor because of the custody issues. That is not true- I went after this report because of the numerous errors and oversights and then he charged us to correct them. He had inaccurate prescription usage and listed my brother Mark as a reference. My brother is Matt and I never gave his name as a reference. There were issues with eth office policy statement submitted by my wife and her attorney, Angela Loechel. Connor said this was an adjunct document… Judge Hill interrupted and wanted Brewington to get to pertinent information.
Brewington said they brought another inmate in here attesting to ridiculous allegations. They had Keith Jones on a drive-by on Judge Humphrey tip that was investigated by Shane McHenry and ATF agent. The jail management system in Hamilton County shows that we never came in contact in the Hamilton County Justice center. This is an example of the QUESTIONABLE conduct of the prosecutor. This exhibit shows that and also certified copies of Keith Jones arrest records.
Judge Hill said- the inmate at the Hamilton County jail and the one at DCLC are not a concern. I will NOT take any part of these into consideration in my sentencing.
All the exhibits on Dr Waite are admitted. It was not clear if the info on the Keith Jones case was admitted or not.
Exhibit J had four letters of character references from people who knew Brewington- Thomas Maloney- fire chief, Tim Haywood, a police officer, Jane ( and RN) and Wendell- ( couldn’t catch their last names).
The final Exhibit- K- is a picture of me and my daughters just before they were taken away. One of the girls would run back and forth to reset the timer on the camera. We took a lot of pictures- we do creative things- it’s who we were- and what we did. Brewington’ s voice cracked several times talking about his daughters. Barrett helped fill in with a question to ease him through.
Brewington went on- I will turn 38 soon and aside from a DUI in 1996 I follow the laws, I did say harsh things on the internet. I didn’t know it was against the law. No one told me to stop or if this falls into telecommunications harassment. Vigorous criticism by citizens is allowed. I was under the impression this would be a civil matter- not a criminal matter. Connor said he is an extension of the court system to Judge Taul so he is public. They ask what my intent with blogging was. I met a new friend ( Greg Morehead)through the blog- we connected over our custody experiences with Dr Connor. I was not stalking Dr Connor- I went to support Greg Morehead at his invitation to his hearing.
My speech was harsh- but not malicious in terms of violating the law. Brewington gave other opinions- Brandenburg vs. Ohio about yelling fire in a crowded theater. I did not threaten public safety- I did things from behind a computer- some called me a coward for that- but I signed all my writing.
I accept the punishment I get- under no circumstances did I knowingly commit a crime- I thought it was free speech.
Judge Hill asked if Dan Brewington had read his pre-sentencing evaluation- and was it accurate. He said yes. The only self reported crime was a DUI in 1996- yes- in Campbell County, KY.
Closing arguments:
Negangard:
Cited Richardson vs. state, Engelmeyer vs. state and Blakely vs. state you can look at a range of sentences. Charges in this case can go to 9-10 years maximum, depending on if they are concurrent or consecutive.
The state is concerned- even as we sit here today he accepts no responsibility. Melissa ( his wife) and the judge suggested he stop. He never accepts responsibility. He lied again when he said he didn’t know he had to get a court approved psychologist. Nor has he paid any sums ordered except child support. It shows his disdain for authority. To this day he has not done what was ordered by the court.
Negangard then talked about Judge Joan Humphrey Lefkow of Illinois. Negangard said that her pro se litigant felt bad, filed motions, a suit, and complaints to the attorney general. This guy went to her home and killed her husband and mother. The judge was not home.
There is psychological evidence for years now Brewington has paranoia and delusions and has yet to be evaluated to shed light on who he is or what makes him tick. Now he says it’s MY fault! ( Negangard’s fault) He has continually blogged since the trial. His intent is to intimidate and he lied to the grand jury when he testified and a jury found him guilty. Mr. Brewington has attempted to affect the outcome of the judicial process. Negangard then went back to Judge Lefkow having to be protected by US Marshalls. Brewington has no apologies- no acceptance of responsibility. He says- “If I knew I’d violated the law…” He’s proud that he hasn’t turned over the handgun to his wife as she’s psychologically unstable. It still hasn’t occurred to him that he should do this psych evaluation and see his kids. There is NO POINT IN PROBATION! It would just be more letters and targets. We need to protect the judicial system. We need a sentence to send a message. Connor and others won’t testify in court if they fear internet harassment. There is a shortage of doctors willing to testify across the state. When witnesses won’t testify- that will cause the republic to fall.
In blogging- the intent was no longer to stimulate public discourse. Hold him accountable for his attacks on the judicial system, He is not someone deserving of mercy. Melissa ( Brewington’s wife) thought it would be a good thing if he’d address his problems. Brewington could be wrong and he needs to be fixed.
Barrett:
gave a printed sheet of his background cases and argument- then spoke:
All his criticism- he put it in writing. The law is about aggravating and mitigating circumstances. All of these items are part of an episode of criminal conduct. The average is 18 months. The maximum is 4 years. Generally criminal history is the most significant factor. I don’t know how these acts made people feel. Negangard doesn’t agree. That’s why we have appellate courts.
Barrett said it was INAPPROPRIATE to consider Bacher vs. State 1997. The impact requires that it would require specific findings that were foreseeable to defendant. It is inappropriate for a trial judge to send a message as in Greg vs. Bay vs. state 1996. ( don’t hold me to spellings on this he was talking fast) Defendant’s jail time should be rehabilitative as well as punitive. Buchanon vs. state – talks about the absence of physical injury and minimal property loss in sentencing guides.
Barrett said his speech is protected- right or wrong- tasteful or not. He has no criminal history. This is NOT like Judge Lefkow that Negangard mentioned. ( for the story look her up on Wikipedia and the internet) This defendant ( Brewington) is likely to respond to his time already served. He has been in jail for 231 days including the Ohio time. We ask you to use the 231 days as time served and he will live with his mother in Ohio.
Judge Hill-
went over the mitigating circumstances. He found that Brewington did plan to harm them based on his voluminous amounts published. He said the circumstances are likely to reoccur as he still intends to write, even if it is not criminal. He referred to the judge in derogatory terms as often as possible in his posting about son of a bitch vs. child abuser. The probation issue is not a reasonable solution. He has been a law abiding citizen since before all this and the DUI is too long ago to even consider.
As to aggravating circumstances, Hill said there was significant harm done to people. There were ongoing comments and threat after threat for years. You twist the fact to manipulate the justice system to make yourself out to be the victim. Hill used IC 35-50-1-2 regarding consecutive and concurrent terms regarding offenses closely related in time and circumstance. He found that the perjury was separate from the other four charges.
Count 1 was 6 month in DCLC ( Connor)
Count 2 was 2 years IN DOC (Judge Humphrey)
Count 3 was 6 months DCLC (Heidi Humphrey)
Count 4 Obstruction of Justice was 2 years IN DOC
Count 5 Perjury was 1 year IN DOC
He went on about which ones were concurrent and consecutive to each other and ended up with 5 years with 231 days credit and 231 days good time credit.
The judge said there was 30 days from today to file a motion to appeal or correct errors. If a motion to correct error is filed, there is 30 days from then to file for appeal.
Brewington said he intended to appeal and asked for a public defender. Barrett suggested it be someone besides him, but that he has the motion for appeal ready to file.
Court adjourned at 4 PM
Christine Brauer Mueller
Lawrenceburg Township
Note: I attended the entire 4 day jury trial as well. Those 70 pages of notes are not posted. If you have any questions about the trial- please post them below in comments and I will be happy to refer to the trial notes to answer them.
Monday, October 24, 2011
24 October 2011 Dearborn County Plan Commission Meeting Notes
24 October 2011 Dearborn County Plan Commission Meeting Notes
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog, Dan Lansing, and Ken Nelson
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
Request: Vacate Candlewood Court within Harvest Ridge Estates.
Applicant: JDJ Surveying / Owner: Maxwell Properties IV, Inc.
Site Location: Hearthstone Drive
Legal: Sec. 15, T7, R2, Map #02-15, Parcel #010
Township: Kelso Size: .288 Acres
Zoning: Residential (R)
STAFF REPORT
HARVEST RIDGE
Vacation Background:
1) The subject land area—Kelso Township, Township 7, Range 2, Section 15, identified as the
Candlewood Court street right-of-way in the Harvest Ridge Subdivision—is currently located
within a Residential (R) Zoning District.
2) The Harvest Ridge Subdivision was platted in 2006; the second phase was added in 2008.
3) The Petitioner is requesting to vacate:
Candlewood Court—an unimproved, unmaintained (approximately 155-foot long)
street with a road right-of-way width of 50’ They plan to replat with a smaller number of panhandle lots.
4) Please refer to Article 2, Section 280 of the Dearborn County Subdivision Control Ordinance regarding vacation procedures.
At its meeting on October 3rd, 2011, the Technical Review Committee raised no objections or concerns with the Petitioner’s request to vacate this area of Phase II, for the purpose(s) of re-platting.
Financial guarantees are in place still for the development. Maxwell owns all the land surrounding it.
Jeff Stenger Surveyor presented for the applicant who was not present. MapleStreet Homes thought it would be cost effective to remove the street and end up with the same number of lots and two panhandles. They have the vacation plat and the replat is already drawn up as soon as this is approved. At the end of the street is a temporary cul de sac. Not sure what they will do with that part of the property yet. There will be a large gravel turn around there until they decide. It’s partially constructed now.
No discussion- favorable recommendation to vacate Candlewood Court. All ayes.
2. Request: Proposed changes to the Dearborn County Zoning Ordinance
and Subdivision Control Ordinance.
The petitioner’s application must:
1. State the reasons for and the circumstances prompting the request;
2. Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order; in 260 of this order; and
3. Give the names and addresses of every other owner of land in the plat;
4. Contain a map or line drawing, as prepared by a registered Indiana Land Surveyor, showing the lots or plat areas that are intended to be vacated and their relationship to abutting parcels. This map or drawing shall also indicate the names and relevant deed or legal instrument references associated with the adjoining property owners.
Within thirty (30) days after receipt of a petition for a vacation of a plat, the plan commission staff shall schedule the petition to be heard by the Plan Commission at a public hearing. The Plan Commission shall follow the same public hearing procedure(s) to review proposed plat vacations as those requirements outlined (earlier) in this Article for the review of Primary Plats.
After hearing the petition, the Plan Commission shall approve or deny the plat vacation request. The Commission may approve the vacation of all or part of a plat only upon a determination that:
1) Conditions of the platted area have changed so as to defeat the original purpose of the plat;
2) It is in the public interest to vacate all or part of the plat; and
3) The value of that part of land in the plat not owned by the petitioner will not be
diminished by the vacation.
The Plan Commission may impose reasonable conditions as part of any approval. The
Commission shall furnish a copy of its decision to the County Recorder for recording.
A petitioner or other interested party may appeal the Plan Commission’s approval or
disapproval of a plat vacation in the manner prescribed by IC 36-7-4-1016
SECTION 282 –Vacation of Public Ways or Places
As identified in IC 36-7-3-12, persons who:
1) Own or are interested in any lots or parts of lots; and
2) Want to vacate all or part of a public way or public place in or contiguous to those
lots or parts of lots; may file a petition for vacation with the Dearborn County Board of Commissioners.
The petitioner’s application must:
1) State the circumstances of the case;
2) 2)Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order;survey that meets all of the requirements h in Article 2, Section 260 of this order; and
3) Give the names and addresses of all owners of land that abuts the property
proposed to be vacated.
The Dearborn County Board of Commissioners shall hold a hearing on a vacation petition
within thirty (30) days after it is received. The clerk of the Commissioners shall give notice
of the petition and of the time and place of the hearing:
1) In the manner prescribed in IC 5-3-1; and
2) By certified mail to each owner of land that abuts the property proposed to be
vacated.
The petitioner shall pay the expense of providing the required notice.
The hearing on the petition is subject to IC 5-14-1.5. Any person(s) aggrieved by the
proposed vacation may object but only on the following grounds:
1. The vacation would hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous;
2. The vacation would make access to the lands of the aggrieved person by means of
public way difficult or inconvenient;
3. The vacation would hinder the public's access to a church, school, or other public
building or place;
4. The vacation would hinder the use of a public way by the neighborhood in which it
is located or to which it is contiguous.After the hearing on the petition, the Board of Commissioners may, by ordinance, vacate
the public way or public place. The clerk of the Commissioners shall furnish a copy of each vacation ordinance to the County Recorder for recording and to the County Auditor.
Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo and may award damages.
Plan Commission suggested putting numbers 2 and 4 together so that it doesn’t appear that two maps be done. Approved with striking # 4 and revising #2 Under Petitioners application.
ADMINISTRATION:
Vehicular use areas have not been addressed yet until he gets direction from the PC Board. Hughes wants to drop the trees and obstructions in parking lots. He noted that Commissioner Orschell said they were a problem for snow removal also. McCormack said the interior parking islands were not so much an issue as the aesthetics around the buildings themselves. Lawrenceburg does not have these parking islands in their ordinance. He said he was not here 10-12 years ago when this ordinance was written, so he is not privy to the reasoning behind adding this in. Mature tree root systems cause problems in the pavement. Also droppings from the trees. Lehman suggested they could let this rest and do it with the entire revisions from the state law changes. McCormack said if it’s necessary for storm water reasons they can still put these in there, if they want to do so. Plan Commission recommended favorably to Commissioners to eliminate the interior planting section of the parking lots. All ayes.
Maxwell is renewing his financial guarantees and Old Orchard was taken care of.
One round of interviews for assistant planner position. Russell Beiersdorfer and Mike Hornbach to sit on the 2nd round. There was a really good bunch of candidates- best they’ve ever had per McCormack. He feels like whoever they get will be good.
Plan Dept working on three grants one for park around St. Leon and 2 for economic development. One large one and one for retention of economic development.
Meeting adjourned at 7:45 PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Mike Hall, Chairman, Dennis Kraus Jr., Russell Beiersdorfer, Mark Lehman, Mike Hornbach, Jeff Hughes, Jake Hoog, Dan Lansing, and Ken Nelson
Also Present: Mark McCormack, Plan Director, and Arnie McGill, Attorney.
Request: Vacate Candlewood Court within Harvest Ridge Estates.
Applicant: JDJ Surveying / Owner: Maxwell Properties IV, Inc.
Site Location: Hearthstone Drive
Legal: Sec. 15, T7, R2, Map #02-15, Parcel #010
Township: Kelso Size: .288 Acres
Zoning: Residential (R)
STAFF REPORT
HARVEST RIDGE
Vacation Background:
1) The subject land area—Kelso Township, Township 7, Range 2, Section 15, identified as the
Candlewood Court street right-of-way in the Harvest Ridge Subdivision—is currently located
within a Residential (R) Zoning District.
2) The Harvest Ridge Subdivision was platted in 2006; the second phase was added in 2008.
3) The Petitioner is requesting to vacate:
Candlewood Court—an unimproved, unmaintained (approximately 155-foot long)
street with a road right-of-way width of 50’ They plan to replat with a smaller number of panhandle lots.
4) Please refer to Article 2, Section 280 of the Dearborn County Subdivision Control Ordinance regarding vacation procedures.
At its meeting on October 3rd, 2011, the Technical Review Committee raised no objections or concerns with the Petitioner’s request to vacate this area of Phase II, for the purpose(s) of re-platting.
Financial guarantees are in place still for the development. Maxwell owns all the land surrounding it.
Jeff Stenger Surveyor presented for the applicant who was not present. MapleStreet Homes thought it would be cost effective to remove the street and end up with the same number of lots and two panhandles. They have the vacation plat and the replat is already drawn up as soon as this is approved. At the end of the street is a temporary cul de sac. Not sure what they will do with that part of the property yet. There will be a large gravel turn around there until they decide. It’s partially constructed now.
No discussion- favorable recommendation to vacate Candlewood Court. All ayes.
2. Request: Proposed changes to the Dearborn County Zoning Ordinance
and Subdivision Control Ordinance.
The petitioner’s application must:
1. State the reasons for and the circumstances prompting the request;
2. Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order; in 260 of this order; and
3. Give the names and addresses of every other owner of land in the plat;
4. Contain a map or line drawing, as prepared by a registered Indiana Land Surveyor, showing the lots or plat areas that are intended to be vacated and their relationship to abutting parcels. This map or drawing shall also indicate the names and relevant deed or legal instrument references associated with the adjoining property owners.
Within thirty (30) days after receipt of a petition for a vacation of a plat, the plan commission staff shall schedule the petition to be heard by the Plan Commission at a public hearing. The Plan Commission shall follow the same public hearing procedure(s) to review proposed plat vacations as those requirements outlined (earlier) in this Article for the review of Primary Plats.
After hearing the petition, the Plan Commission shall approve or deny the plat vacation request. The Commission may approve the vacation of all or part of a plat only upon a determination that:
1) Conditions of the platted area have changed so as to defeat the original purpose of the plat;
2) It is in the public interest to vacate all or part of the plat; and
3) The value of that part of land in the plat not owned by the petitioner will not be
diminished by the vacation.
The Plan Commission may impose reasonable conditions as part of any approval. The
Commission shall furnish a copy of its decision to the County Recorder for recording.
A petitioner or other interested party may appeal the Plan Commission’s approval or
disapproval of a plat vacation in the manner prescribed by IC 36-7-4-1016
SECTION 282 –Vacation of Public Ways or Places
As identified in IC 36-7-3-12, persons who:
1) Own or are interested in any lots or parts of lots; and
2) Want to vacate all or part of a public way or public place in or contiguous to those
lots or parts of lots; may file a petition for vacation with the Dearborn County Board of Commissioners.
The petitioner’s application must:
1) State the circumstances of the case;
2) 2)Include a survey that meets all of the requirements for a Certified Survey, as set forth in Article 2, section 260 of the order;survey that meets all of the requirements h in Article 2, Section 260 of this order; and
3) Give the names and addresses of all owners of land that abuts the property
proposed to be vacated.
The Dearborn County Board of Commissioners shall hold a hearing on a vacation petition
within thirty (30) days after it is received. The clerk of the Commissioners shall give notice
of the petition and of the time and place of the hearing:
1) In the manner prescribed in IC 5-3-1; and
2) By certified mail to each owner of land that abuts the property proposed to be
vacated.
The petitioner shall pay the expense of providing the required notice.
The hearing on the petition is subject to IC 5-14-1.5. Any person(s) aggrieved by the
proposed vacation may object but only on the following grounds:
1. The vacation would hinder the growth or orderly development of the unit or
neighborhood in which it is located or to which it is contiguous;
2. The vacation would make access to the lands of the aggrieved person by means of
public way difficult or inconvenient;
3. The vacation would hinder the public's access to a church, school, or other public
building or place;
4. The vacation would hinder the use of a public way by the neighborhood in which it
is located or to which it is contiguous.After the hearing on the petition, the Board of Commissioners may, by ordinance, vacate
the public way or public place. The clerk of the Commissioners shall furnish a copy of each vacation ordinance to the County Recorder for recording and to the County Auditor.
Within thirty (30) days after the adoption of a vacation ordinance, any aggrieved person may appeal the ordinance to the circuit court of the county. The court shall try the matter de novo and may award damages.
Plan Commission suggested putting numbers 2 and 4 together so that it doesn’t appear that two maps be done. Approved with striking # 4 and revising #2 Under Petitioners application.
ADMINISTRATION:
Vehicular use areas have not been addressed yet until he gets direction from the PC Board. Hughes wants to drop the trees and obstructions in parking lots. He noted that Commissioner Orschell said they were a problem for snow removal also. McCormack said the interior parking islands were not so much an issue as the aesthetics around the buildings themselves. Lawrenceburg does not have these parking islands in their ordinance. He said he was not here 10-12 years ago when this ordinance was written, so he is not privy to the reasoning behind adding this in. Mature tree root systems cause problems in the pavement. Also droppings from the trees. Lehman suggested they could let this rest and do it with the entire revisions from the state law changes. McCormack said if it’s necessary for storm water reasons they can still put these in there, if they want to do so. Plan Commission recommended favorably to Commissioners to eliminate the interior planting section of the parking lots. All ayes.
Maxwell is renewing his financial guarantees and Old Orchard was taken care of.
One round of interviews for assistant planner position. Russell Beiersdorfer and Mike Hornbach to sit on the 2nd round. There was a really good bunch of candidates- best they’ve ever had per McCormack. He feels like whoever they get will be good.
Plan Dept working on three grants one for park around St. Leon and 2 for economic development. One large one and one for retention of economic development.
Meeting adjourned at 7:45 PM
Christine Brauer Mueller
Lawrenceburg Township
Tuesday, October 18, 2011
18 October 2011 Dearborn County Commissioners Meeting Notes
18 October 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance- Hughes asked to table this again. Tabled.
Revised Jail Expansion Project- Orschell- pre design phase is complete and will be presented to Commissioners at the Nov 1st meeting. Tabled until then.
Sick Time Donation- SueEllen said the committee has met and looked over all the departments input. They suggest that donated leave can be used after 12 weeks of sick and comp time are all used up. Approval of the donated leave would go for a max of 20 work days and would go in front of the personnel advisory board. The committee did not want to make any changes to the rest of the policy- just the donated time. The old policy had max of 60 days donated. The advisory Board was almost ready to get rid of the donated time as it has been abused so much. Hughes noted the lengthy discussion and said that this was the alternative to doing away with the policy entirely. McHenry thought this was a good alternative. Commissioners approved the recommendations of the Human Resource Director.
Building Commissioner – Bill Shelton- added to agenda by Hughes who forgot to put him on Late Arrivals. Crawl space drainage issue and the contractor won’t come back to fix it. Tey are looking for advice and help from the commissioners and the county attorney. The footer drainpipe is at the same level as the crawl space. The footer is sitting in the water as well. It’s not even a year old. The contractor lives in Greencastle. The excavator says, yes, there is a problem, but he won’t fix it. There are mold issues and the water is sitting on top of the plastic. It won’t pass the final inspection and there is no certificate of occupancy, though the resident is living in the house. Commissioners wanted bill Shelton to meet with Baudendistel to see what their legal options are and report at Nov 1st meeting.
Unnecessary Regulations Discussion- Hughes- Commissioners did not address this item.
NEW BUSINESS:
Mark McCormack Planning and Zoning:
Vacate ROW at West Street and two Alleys in Hardinsburg- petitioner was Terry Cornett represented by Dennis Kraus, Jr., Surveyor. The Plan Commission forwarded a unanimous favorable recommendation for this. There was no one here in protest. There had been an issue with one adjoiner , Travis Chrisman, that they believe has been resolved. Mr. Cornett was alright with the revision as requested by Chrisman on the West Street vacation. They also accommodated the Conservancy requirements. Some of the improvements to the levee are outside the area owned by the Conservancy district. Richard Butler, the attorney for the conservancy district was OK with the plans, except for this small piece of property about 16 ft long. They TABLED this until the drawings could be revised to each party’s satisfaction.
Proposed changes to the Dearborn County Zoning Ordinance Article 1 Section 160- there will be several revisions to reflect the state law changes in future months. For this they are adding one sentence that shows that waivers can have written commitments. This is just to show that as a possibility. Hughes asked about waivers vs. variances as Ken Nelson had mentioned at the PC meeting. McCormack noted that variances are granted by BZA and Waivers are granted by Plan Commission. Commissioners approved the amendment to Article 1 section 160.
McCormack said that street vacations would be covered by Commissioners and plat vacations by PC in the revised ordinances soon also.
Parks Board – 4H Shooting Range- Bill Ewbank spoke with Jim Red Elk. Park Board and 4 H met and are in the process of drafting a legal memorandum of understanding. He said that Commissioners should ask to see the MOU between 4H and Parks board and that these groups are handling this between the boards as they should. Bill Ewbank was directed to advise Park Board to allow Commissioners to review that MOU.
John Hoskins - Residents Improvement of York Avenue in Center Township- west of Aurora in Langley Heights. This is the only access to his property other than private ROW. He and other property owners will improve it by removing some dirt and adding gravel. This is not the area in contestation up in Langley Heights. This is in farming area. Todd Listerman and Tim Grieve looked over it. It’s an unmaintained ROW and he wants to build a drive access on this. He had asked Hoskins to appear at Commissioners to be sure the County approves. This goes in front of an existing house. Listerman will work with him and be sure it is done to our specifications. Commissioners were happy to allow this and motioned and approved this project.
Sandy Carley of PAWS- request to go to Council to review the 97 account with $119,000+ in it from PAWS and other donations for the shelter to be built. There were several organizations that contributed to this. They have accounted for this in all their budgets. The PAWS organization is asking for all of this to be turned over to them for the new shelter. Bill Ewbank said that In 2008 the resolution was specific to donate this to the shelter as designed by Darryl Sears. The county could continue that fund if they were to get more donations, but that could be stopped now that PAWS is in charge and can get their own donations. Baudendistel said the commissioners could pass a resolution to release that money to PAWS. Carley said there is $30,000 donated by Council that was merged with this fund a few years back. Commissioners will pass a resolution dissolving the fund and distributing it to PAWS. Then PAWS will go to Council also with this on Nov 22. Sandy said there is a lot of incoming animals right now.
Margaret Minzner GIS- Data Sharing MOUs (memorandum of understandings)- Switzerland County is sharing with us and wants us to share with them. Margaret recommended drsawing up MOUS with our other neighboring counties at the same time- Franklin, Ohio, Ripley County. This will get the regional map up and running. All approved including the Switzerland County agreement, Franklin, Ohio, and Ripley counties. Commissioners signed all 4.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer gave the following report:
Salt Building is complete our on Randall and 2,000 tons are being delivered now. More will be ordered late. Dearborn County Foundation ribbon cutting ceremony for this new building.
Received the radar speed trailer donated by Community Foundation also. They will get it into use soon.
Last property owner for Lower Dillsboro Road- meeting to get that in order by end of the year.
Also getting the last parcel for Bridge 34 resolved.
Tim Grieve- got quotes for truck chassis only. 5 quotes- and high is $127,500 and low is $109,910. $122,000+ is the Mack bid- in the middle of the road. Mack is a local dealer and has been responsive. Total cost $122,556 Grieve was approved to use his best judgment on this purchase from Lischge.
AUDITOR: Gayle Pennington- claims approved. Approved the JUNE 21st Commissioner meeting minutes.
There is a federal stipulation for HR called E-verify for illegal aliens. There is an amendment for the SRI service agreement and they have verified all their employees under this service agreement. Commissioners will have Baudendistel review it before they sign it. All potential employees have to go through this verification process. The county is compliant in this.
ATTORNEY: Andy Baudendistel- just some paperwork with some issues on boundaries- signed. This was unclear as to what it was!
COUNTY COORDINATOR: Bill Ewbank- meeting with INDOT on Nov 3rd 9 am or Nov 9th at 1 PM on transportation improvements in the county. Will set date and get back with commissioners.
COMMISSIONER COMMENTS- Shane McHenry said the CAC (Child Advocacy Center)- asked to have Barnes and Thornburg assist CAC for grants and go after funding for them. Approved. Bill Ewbank is to send email to them and if there are additional fees to get back to Shane.
LATE ARRIVAL INFORMATION- State is passing a law going away with Level 1,2,3 emergencies per EMA- Bill Black.
Bill Black EMA - Reverse 911 system- grant funded and we haven’t done this yet- and funding is drying up. We looked at Code Red a few years ago and the quote is $25,000 and after the first year it’s $35,000. This is a warning system on cell phones etc for severe weather. Sheriff was in favor. This also would be useful to notify people in an area when there has been a burglary or shooting. We no longer have control over cable TV for this. Comcast turned this off. Switzerland County uses this system. No point in getting a grant for just one year if we can’t sustain it. Hughes wants to coordinate it with region. Hamilton County has a different system. This would be run from the dispatch center and web based. Charlie Ashley 911 coordinator was in agreement to try this. Bill was given permission to move forward on this.
Orschell advised Commissioners that Ginny Daum was recovering from a cancer operation- they will send a card.
PUBLIC COMMENT- none
Meeting adjourned at 10:35 AM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance- Hughes asked to table this again. Tabled.
Revised Jail Expansion Project- Orschell- pre design phase is complete and will be presented to Commissioners at the Nov 1st meeting. Tabled until then.
Sick Time Donation- SueEllen said the committee has met and looked over all the departments input. They suggest that donated leave can be used after 12 weeks of sick and comp time are all used up. Approval of the donated leave would go for a max of 20 work days and would go in front of the personnel advisory board. The committee did not want to make any changes to the rest of the policy- just the donated time. The old policy had max of 60 days donated. The advisory Board was almost ready to get rid of the donated time as it has been abused so much. Hughes noted the lengthy discussion and said that this was the alternative to doing away with the policy entirely. McHenry thought this was a good alternative. Commissioners approved the recommendations of the Human Resource Director.
Building Commissioner – Bill Shelton- added to agenda by Hughes who forgot to put him on Late Arrivals. Crawl space drainage issue and the contractor won’t come back to fix it. Tey are looking for advice and help from the commissioners and the county attorney. The footer drainpipe is at the same level as the crawl space. The footer is sitting in the water as well. It’s not even a year old. The contractor lives in Greencastle. The excavator says, yes, there is a problem, but he won’t fix it. There are mold issues and the water is sitting on top of the plastic. It won’t pass the final inspection and there is no certificate of occupancy, though the resident is living in the house. Commissioners wanted bill Shelton to meet with Baudendistel to see what their legal options are and report at Nov 1st meeting.
Unnecessary Regulations Discussion- Hughes- Commissioners did not address this item.
NEW BUSINESS:
Mark McCormack Planning and Zoning:
Vacate ROW at West Street and two Alleys in Hardinsburg- petitioner was Terry Cornett represented by Dennis Kraus, Jr., Surveyor. The Plan Commission forwarded a unanimous favorable recommendation for this. There was no one here in protest. There had been an issue with one adjoiner , Travis Chrisman, that they believe has been resolved. Mr. Cornett was alright with the revision as requested by Chrisman on the West Street vacation. They also accommodated the Conservancy requirements. Some of the improvements to the levee are outside the area owned by the Conservancy district. Richard Butler, the attorney for the conservancy district was OK with the plans, except for this small piece of property about 16 ft long. They TABLED this until the drawings could be revised to each party’s satisfaction.
Proposed changes to the Dearborn County Zoning Ordinance Article 1 Section 160- there will be several revisions to reflect the state law changes in future months. For this they are adding one sentence that shows that waivers can have written commitments. This is just to show that as a possibility. Hughes asked about waivers vs. variances as Ken Nelson had mentioned at the PC meeting. McCormack noted that variances are granted by BZA and Waivers are granted by Plan Commission. Commissioners approved the amendment to Article 1 section 160.
McCormack said that street vacations would be covered by Commissioners and plat vacations by PC in the revised ordinances soon also.
Parks Board – 4H Shooting Range- Bill Ewbank spoke with Jim Red Elk. Park Board and 4 H met and are in the process of drafting a legal memorandum of understanding. He said that Commissioners should ask to see the MOU between 4H and Parks board and that these groups are handling this between the boards as they should. Bill Ewbank was directed to advise Park Board to allow Commissioners to review that MOU.
John Hoskins - Residents Improvement of York Avenue in Center Township- west of Aurora in Langley Heights. This is the only access to his property other than private ROW. He and other property owners will improve it by removing some dirt and adding gravel. This is not the area in contestation up in Langley Heights. This is in farming area. Todd Listerman and Tim Grieve looked over it. It’s an unmaintained ROW and he wants to build a drive access on this. He had asked Hoskins to appear at Commissioners to be sure the County approves. This goes in front of an existing house. Listerman will work with him and be sure it is done to our specifications. Commissioners were happy to allow this and motioned and approved this project.
Sandy Carley of PAWS- request to go to Council to review the 97 account with $119,000+ in it from PAWS and other donations for the shelter to be built. There were several organizations that contributed to this. They have accounted for this in all their budgets. The PAWS organization is asking for all of this to be turned over to them for the new shelter. Bill Ewbank said that In 2008 the resolution was specific to donate this to the shelter as designed by Darryl Sears. The county could continue that fund if they were to get more donations, but that could be stopped now that PAWS is in charge and can get their own donations. Baudendistel said the commissioners could pass a resolution to release that money to PAWS. Carley said there is $30,000 donated by Council that was merged with this fund a few years back. Commissioners will pass a resolution dissolving the fund and distributing it to PAWS. Then PAWS will go to Council also with this on Nov 22. Sandy said there is a lot of incoming animals right now.
Margaret Minzner GIS- Data Sharing MOUs (memorandum of understandings)- Switzerland County is sharing with us and wants us to share with them. Margaret recommended drsawing up MOUS with our other neighboring counties at the same time- Franklin, Ohio, Ripley County. This will get the regional map up and running. All approved including the Switzerland County agreement, Franklin, Ohio, and Ripley counties. Commissioners signed all 4.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer gave the following report:
Salt Building is complete our on Randall and 2,000 tons are being delivered now. More will be ordered late. Dearborn County Foundation ribbon cutting ceremony for this new building.
Received the radar speed trailer donated by Community Foundation also. They will get it into use soon.
Last property owner for Lower Dillsboro Road- meeting to get that in order by end of the year.
Also getting the last parcel for Bridge 34 resolved.
Tim Grieve- got quotes for truck chassis only. 5 quotes- and high is $127,500 and low is $109,910. $122,000+ is the Mack bid- in the middle of the road. Mack is a local dealer and has been responsive. Total cost $122,556 Grieve was approved to use his best judgment on this purchase from Lischge.
AUDITOR: Gayle Pennington- claims approved. Approved the JUNE 21st Commissioner meeting minutes.
There is a federal stipulation for HR called E-verify for illegal aliens. There is an amendment for the SRI service agreement and they have verified all their employees under this service agreement. Commissioners will have Baudendistel review it before they sign it. All potential employees have to go through this verification process. The county is compliant in this.
ATTORNEY: Andy Baudendistel- just some paperwork with some issues on boundaries- signed. This was unclear as to what it was!
COUNTY COORDINATOR: Bill Ewbank- meeting with INDOT on Nov 3rd 9 am or Nov 9th at 1 PM on transportation improvements in the county. Will set date and get back with commissioners.
COMMISSIONER COMMENTS- Shane McHenry said the CAC (Child Advocacy Center)- asked to have Barnes and Thornburg assist CAC for grants and go after funding for them. Approved. Bill Ewbank is to send email to them and if there are additional fees to get back to Shane.
LATE ARRIVAL INFORMATION- State is passing a law going away with Level 1,2,3 emergencies per EMA- Bill Black.
Bill Black EMA - Reverse 911 system- grant funded and we haven’t done this yet- and funding is drying up. We looked at Code Red a few years ago and the quote is $25,000 and after the first year it’s $35,000. This is a warning system on cell phones etc for severe weather. Sheriff was in favor. This also would be useful to notify people in an area when there has been a burglary or shooting. We no longer have control over cable TV for this. Comcast turned this off. Switzerland County uses this system. No point in getting a grant for just one year if we can’t sustain it. Hughes wants to coordinate it with region. Hamilton County has a different system. This would be run from the dispatch center and web based. Charlie Ashley 911 coordinator was in agreement to try this. Bill was given permission to move forward on this.
Orschell advised Commissioners that Ginny Daum was recovering from a cancer operation- they will send a card.
PUBLIC COMMENT- none
Meeting adjourned at 10:35 AM
Christine Brauer Mueller
Lawrenceburg Township
Friday, October 14, 2011
Agenda for October 18th Commissioners Meeting
AGENDA
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
October 18, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. Sick Time Donation
4. Unnecessary Regulations Discussion
IV. NEW BUSINESS
1. Mark McCormack – Planning & Zoning
a. Vacate Right of Way at West St. and Alley in Hardinsburg
b. Proposed changes to DC Zoning Ordinance Article 1, Section 160
2. Parks Board/4-H Shooting Range
3. John Hoskins – Residents Improvement of York Ave.
4. Sandy Carley – Request to go to Council
5. Margaret Minzner – DATA Sharing MOUs
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
DEARBORN COUNTY BOARD OF COMMISSIONERS MEETING
October 18, 2011
9:00 a.m.
City of Lawrenceburg
Administration Building
230 Walnut Street, Lawrenceburg, Indiana
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. OLD BUSINESS
1. Private Real Property Rights Preservation Ordinance
2. Revised Jail Expansion Project
3. Sick Time Donation
4. Unnecessary Regulations Discussion
IV. NEW BUSINESS
1. Mark McCormack – Planning & Zoning
a. Vacate Right of Way at West St. and Alley in Hardinsburg
b. Proposed changes to DC Zoning Ordinance Article 1, Section 160
2. Parks Board/4-H Shooting Range
3. John Hoskins – Residents Improvement of York Ave.
4. Sandy Carley – Request to go to Council
5. Margaret Minzner – DATA Sharing MOUs
V. HIGHWAY DEPARTMENT- Todd Listerman
Updates
VI. AUDITOR – Gayle Pennington
1. Claims/Minutes
VII. ATTORNEY - Andy Baudendistel
VIII. COUNTY COORDINATOR – Bill Ewbank
IX. COMMISSIONER COMMENTS
X. LATE ARRIVAL INFORMATION
XI. PUBLIC COMMENT
XII. ADJOURN
Tuesday, October 04, 2011
4 October 2011 Dearborn County Commissioners Meeting Notes
4 October 2011 Dearborn County Commissioners Meeting Notes
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
EXECUTIVE SESSION@ 5:30 PM on Pending Litigation. Tabled for more information and attorney negotiations.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance- tabled again
Revised Jail Expansion Project- Orschell had a meeting last month and meeting Oct 12 for final plan hopefully. Will have something then- Tabled.
Med Ben- Wellness Program- Mike Kramer and Suellen - comfortably in budget and wanted to evolve to a wellness plan. Wanted to change the utilization review company also. Lab draws in the beginning and each employee gets results up front. Costs $34,000 for those labs. Another plan just reminds them of the 6 tests and just let their Physicians do them to avoid duplication. This keeps it more private for employees. There’s an $8,000 additional cost but is offset by not spending the $34,000. Cholesterol, Pap smear, mammogram, PSA, and colonoscopy are the 6 tests. There are still health coaches available. Going from Complete Care Management to I-Health. Commissioners approved.
Sick Time Donation-Gayle Pennington said the committee met again today and Suellen will type for next committee meeting. If approved they will come to the commissioners after that.
Unnecessary Regulations Discussion- Plan Commission will have public meeting and bring it to Commissioners.
NEW BUSINESS:
Brock Brown – Gallager Asphalt- not available tonight.
Hoosier Square Bid Presentation- Bill Ewbank- Seyferth of Cleves $ 264,732. Reconstruct steps and ramp- Seyferth $13,000. remove water in back lot and upgrade lighting for fed guidelines. Will submit to County Council for additional appropriation of $40-50,000 to finish this. If they approve then they will award it to Seyferth. County will be handling security devices on their own. Commissioners approved pending Council’s approval of extra funding.
Margaret Minzner- Data Sharing MOU and WTH contract- GIS will be more integrative with 911 and with sheriff’s department. They got the grant so the WTH contract for $11,200 was approved by Commissioners.
Data sharing with Hoosier Hills Regional Water Corp so they will share theirs with us also. Dennis Kraus, Jr. prepared that and Andy Baudendistel reviewed the agreement. Commissioners approved the data sharing with a memorandum of understanding with Hoosier Hills regional Water Corp. No liability for either side.
Monthly reports show more visits and requests on the GIS site. This will add money to the GIS perpetuation fund. They are looking on how to get larger maps to be able to print in a cost-effective manner. Fee for printing to a webmap as it takes server strength. They are still working this out.
Steve Renihan- DCRSD Request to go to Council regarding Contingency Fund 5- Sewer district needs additional out of their contingency fund that will put their balance back to $10,000. Budget less than $40,000 annually. This $10,000 helps with their small extras issues. Balance of $2,523.33 and they have a bill that came in on legal fees with West Harrison TIF project and the OKI regional project. IDEM still has to rule on that. That depends on how much we have to cover for the county. Frank Kramer does a lot for us- but he’s half the cost of our other attorney. Some users had not paid their sewer bills for awhile and now those bills are coming in. We set the rates affordably- but if only a few don’t pay, we don’t have excess to cover the loss. If the 3 companies go into the West Harrison TIF then they migt have about 400 jobs and more tax base for the county. Several legal fees exist with St Leon issues over the TIF sewerage out there. They want to get the fund back to $10,000. Renihan said maybe we should ask for $18,500 to cover the legal fees and still have a $10,000 cushion. Renihan said the county has to have representation even though the services are provided by the municipalities. The county does not want to be stuck with justteh problem areas that don’t really pay for themselves. Without DCRSD the unincorporated folks have no representation at all. Commissioners approved going to Council for the $18,500 request for operating expenses.
Sheriff Mike Kreinhop- Inmate Medical Fees-medical copayments by inmates to be raised for doctor and dental visits from $10-$15 and a new category of mental health have a fee for $15. Prescriptions copay from $3-$8. There are no more over the counter medications offered at the jail. If they are indigent they do not have to pay. Nurse charge of $10 remains the same. Commissioners approved the new fee schedule.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer gave the following report:
Received the design consulting contract on Bridge 138 – Bonnell Bridge from American Structurepoint for $139,195. Commissioners signed.
Working with auditor, assessor and attorney- on last property for North Dearborn. Looks to be completed.
Slips from spring floods. Stateline Road 80/20 approved by INDOT to repair the slip on Stateline hill for $212,000. We need to get 20% of this. Hogan Hill for $152,000 and $161,000 for West Laughery for 25%/75% will be reimbursed later by FEMA afterwards. Commissioners approved going to Council for total funding up front and also for Stateline so that they can be reimbursed upon completion.
Tim Grieve, Highway Superintendant – The tractor approved before we have quotes on now. Smith Implement in Greensburg was $1600 cheaper than Zimmer here for the tractor. They can give us a tractor NOW. Others thought spring time to get it in maybe. This is a John Deere- $27,789 total. Commissioners approved.
AUDITOR: Gayle Pennington- claims approved. She was in conference last week- nothing else.
ATTORNEY: Andy Baudendistel- Park Board and 4H provided you with statutes and also the deed that was supposed to be transferred. He will continue to look into it and hopefully they will sit down and come to an agreement. Hughes said he did see Mike Heffelmire at Aurora parade and he said I need to talk to you.
COUNTY COORDINATOR: Bill Ewbank- Public Surplus Auction- Completed records storage in water rescue building. So now they need to get things auctioned off faster. They want to list it on the website and let them sell them for us as they come up rather than age in the parking lot. There are about 5 vehicles to try on the Public Surplus website. References checked and they look good. Taxpayers should be proud that the stuff we use are used up so that most of it is junk. The first picture will tip them off that it’s junk. Commissioners approved trying this out.
New PAWS building open and all animals transferred. Effective start date of the 36 month contract to start Oct 1, 2011, when they opened. Approved. They will get $1500 to cover the week of transition time in late September.
COMMISSIONER COMMENTS- Tom Orschell- wants to have Mike Burgess VA officer to write a letter to the Bondurant family showing a letter of support for the sacrifices he made after being injured. Approved.
Hughes had a moment of silence for Miss Pody Freiberger who worked for many years from the county. She passed away this week.
McHenry- talked to the town board and they will get with Bill Ewbank- Trying to get building torn down or donated next to the bank in Moore’s hill as it has not been cleaned or rehabbed.
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT -Andy Baudendistel- Thanked Tom Orschell for coming to Drug Court last week and show support. They have 22 participants they are trying to help.
Meeting adjourned at 7:25PM
Christine Brauer Mueller
Lawrenceburg Township
Present: Jeff Hughes, President, Tom Orschell, and Shane McHenry
Also present: Gayle Pennington, Auditor, Bill Ewbank, County Coordinator, and Andy Baudendistel, Attorney.
EXECUTIVE SESSION@ 5:30 PM on Pending Litigation. Tabled for more information and attorney negotiations.
OLD BUSINESS:
Private Real Property Rights Preservation Ordinance- tabled again
Revised Jail Expansion Project- Orschell had a meeting last month and meeting Oct 12 for final plan hopefully. Will have something then- Tabled.
Med Ben- Wellness Program- Mike Kramer and Suellen - comfortably in budget and wanted to evolve to a wellness plan. Wanted to change the utilization review company also. Lab draws in the beginning and each employee gets results up front. Costs $34,000 for those labs. Another plan just reminds them of the 6 tests and just let their Physicians do them to avoid duplication. This keeps it more private for employees. There’s an $8,000 additional cost but is offset by not spending the $34,000. Cholesterol, Pap smear, mammogram, PSA, and colonoscopy are the 6 tests. There are still health coaches available. Going from Complete Care Management to I-Health. Commissioners approved.
Sick Time Donation-Gayle Pennington said the committee met again today and Suellen will type for next committee meeting. If approved they will come to the commissioners after that.
Unnecessary Regulations Discussion- Plan Commission will have public meeting and bring it to Commissioners.
NEW BUSINESS:
Brock Brown – Gallager Asphalt- not available tonight.
Hoosier Square Bid Presentation- Bill Ewbank- Seyferth of Cleves $ 264,732. Reconstruct steps and ramp- Seyferth $13,000. remove water in back lot and upgrade lighting for fed guidelines. Will submit to County Council for additional appropriation of $40-50,000 to finish this. If they approve then they will award it to Seyferth. County will be handling security devices on their own. Commissioners approved pending Council’s approval of extra funding.
Margaret Minzner- Data Sharing MOU and WTH contract- GIS will be more integrative with 911 and with sheriff’s department. They got the grant so the WTH contract for $11,200 was approved by Commissioners.
Data sharing with Hoosier Hills Regional Water Corp so they will share theirs with us also. Dennis Kraus, Jr. prepared that and Andy Baudendistel reviewed the agreement. Commissioners approved the data sharing with a memorandum of understanding with Hoosier Hills regional Water Corp. No liability for either side.
Monthly reports show more visits and requests on the GIS site. This will add money to the GIS perpetuation fund. They are looking on how to get larger maps to be able to print in a cost-effective manner. Fee for printing to a webmap as it takes server strength. They are still working this out.
Steve Renihan- DCRSD Request to go to Council regarding Contingency Fund 5- Sewer district needs additional out of their contingency fund that will put their balance back to $10,000. Budget less than $40,000 annually. This $10,000 helps with their small extras issues. Balance of $2,523.33 and they have a bill that came in on legal fees with West Harrison TIF project and the OKI regional project. IDEM still has to rule on that. That depends on how much we have to cover for the county. Frank Kramer does a lot for us- but he’s half the cost of our other attorney. Some users had not paid their sewer bills for awhile and now those bills are coming in. We set the rates affordably- but if only a few don’t pay, we don’t have excess to cover the loss. If the 3 companies go into the West Harrison TIF then they migt have about 400 jobs and more tax base for the county. Several legal fees exist with St Leon issues over the TIF sewerage out there. They want to get the fund back to $10,000. Renihan said maybe we should ask for $18,500 to cover the legal fees and still have a $10,000 cushion. Renihan said the county has to have representation even though the services are provided by the municipalities. The county does not want to be stuck with justteh problem areas that don’t really pay for themselves. Without DCRSD the unincorporated folks have no representation at all. Commissioners approved going to Council for the $18,500 request for operating expenses.
Sheriff Mike Kreinhop- Inmate Medical Fees-medical copayments by inmates to be raised for doctor and dental visits from $10-$15 and a new category of mental health have a fee for $15. Prescriptions copay from $3-$8. There are no more over the counter medications offered at the jail. If they are indigent they do not have to pay. Nurse charge of $10 remains the same. Commissioners approved the new fee schedule.
HIGHWAY DEPARTMENT: Todd Listerman, Highway Engineer gave the following report:
Received the design consulting contract on Bridge 138 – Bonnell Bridge from American Structurepoint for $139,195. Commissioners signed.
Working with auditor, assessor and attorney- on last property for North Dearborn. Looks to be completed.
Slips from spring floods. Stateline Road 80/20 approved by INDOT to repair the slip on Stateline hill for $212,000. We need to get 20% of this. Hogan Hill for $152,000 and $161,000 for West Laughery for 25%/75% will be reimbursed later by FEMA afterwards. Commissioners approved going to Council for total funding up front and also for Stateline so that they can be reimbursed upon completion.
Tim Grieve, Highway Superintendant – The tractor approved before we have quotes on now. Smith Implement in Greensburg was $1600 cheaper than Zimmer here for the tractor. They can give us a tractor NOW. Others thought spring time to get it in maybe. This is a John Deere- $27,789 total. Commissioners approved.
AUDITOR: Gayle Pennington- claims approved. She was in conference last week- nothing else.
ATTORNEY: Andy Baudendistel- Park Board and 4H provided you with statutes and also the deed that was supposed to be transferred. He will continue to look into it and hopefully they will sit down and come to an agreement. Hughes said he did see Mike Heffelmire at Aurora parade and he said I need to talk to you.
COUNTY COORDINATOR: Bill Ewbank- Public Surplus Auction- Completed records storage in water rescue building. So now they need to get things auctioned off faster. They want to list it on the website and let them sell them for us as they come up rather than age in the parking lot. There are about 5 vehicles to try on the Public Surplus website. References checked and they look good. Taxpayers should be proud that the stuff we use are used up so that most of it is junk. The first picture will tip them off that it’s junk. Commissioners approved trying this out.
New PAWS building open and all animals transferred. Effective start date of the 36 month contract to start Oct 1, 2011, when they opened. Approved. They will get $1500 to cover the week of transition time in late September.
COMMISSIONER COMMENTS- Tom Orschell- wants to have Mike Burgess VA officer to write a letter to the Bondurant family showing a letter of support for the sacrifices he made after being injured. Approved.
Hughes had a moment of silence for Miss Pody Freiberger who worked for many years from the county. She passed away this week.
McHenry- talked to the town board and they will get with Bill Ewbank- Trying to get building torn down or donated next to the bank in Moore’s hill as it has not been cleaned or rehabbed.
LATE ARRIVAL INFORMATION- none
PUBLIC COMMENT -Andy Baudendistel- Thanked Tom Orschell for coming to Drug Court last week and show support. They have 22 participants they are trying to help.
Meeting adjourned at 7:25PM
Christine Brauer Mueller
Lawrenceburg Township
Saturday, October 01, 2011
Freedom of Speech on Trial
With trial a few short days away I feel compelled to do my best to awaken the Citizens of Dearborn County to a gross violation of the civil rights of one Mr. Dan Brewington, currently being prosecuted for exercising his First Amendment Rights under the Constitution of the United States.
Some of you may have seen the occasional and sometimes voluminous posts of data pertinent to his prosecution. Some of you may have taken the time to read bits of his posts found at http://danbrewington.blogspot.com/, and a few, like myself, may have even taken the time to read most of what is there. So far, little direct commentary has been offered here on the subject, as we felt that the information and commentary elsewhere spoke for itself. We had fully expected that, at some point, those persisting in this prosecution would come to the realization that their efforts were both unwise and without foundation. Based on the attitudes exhibited in this post (http://danbrewington.blogspot.com/2011/09/how-to-fix-grand-jury-like-dearborn_29.html) it would seem that is not to be.
Perhaps it is a simple failing our educational institutions, but it seems odd that those who are at the core of our justice system in Dearborn County, supposedly possessing degrees in certification of higher learning could be so ignorant of what the Constitution really means in it's assertion of Free Speech. They profess a limit on this Freedom (and there surely are limits but not what they intend), then proceed to define that limit to serve their own interests. I offer what follows so that both you and they can understand the realities of the issue. Please bear with me and read on...
It is a grim time. It seems we live once again in a world like that of England of old, when a man could be imprisoned for criticizing the King or his Nobles. In those days such an act was called "Seditious Libel". These days, at least in Dearborn County, they call it "Intimidation". (When I compare the weblog postings upon which the prosecution depends, I can find little difference between what the prosecutor calls intimidation and the description of seditious libel below). In those days truth was not a defense and offenders were routinely crushed by those with the power to do so. It appears little has changed in all these years. While we have no Aristocracy (and certainly no nobility) to lord it over us, we have Sheriffs and Judges and a Prosecutor more than happy to take up that mantle.
Fortunately for the accused, these days we have something called the Constitution and the Bill of Rights, the very first amendment of which states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The following is a collection of excerpts relevant to Mr Brewingtons current situation from ...
How can we know for sure the freedom of speech or of the press means freedom from seditious libel? All early American laws over speech and the press dealt solely with breaches of the peace or public morality (blasphemy, obscenity, profanity, etc.), but never laws criminalizing public discussion of public measures, grievances or criticism of public officials.
...
The Democratic-Republican caucus included the following in their 1800 platform: “An inviolable preservation of the Federal constitution, according to the true sense in which it was adopted by the states. … Freedom of speech and the press; and opposition, therefore, to all violations of the Constitution, to silence, by force, and not by reason, the complaints or criticisms, just or unjust, of our citizens against the conduct of their public agents.”
...
Finally, as Mr. Brewington's prosecution now proceeds apace, I would suggest that regardless of the outcome of this trial the Citizens of Dearborn County will be the losers. If Mr. Brewington is convicted we will all be on notice that there are no limits to what we may suffer at the hands of our local justice system and those who operate it as if the Bill of Rights never existed. Open your mouth or get out of line, crime or no crime, and you can expect to spend six months in jail, even without a trial. If Mr. Brewington is convicted, given that the charges are almost completely baseless and his defense has been utterly incompetent, it will almost certainly be overturned on appeal, meaning all of our tax dollars spent on this pointless personal vendetta will have been wasted. Additionally, if the prosecution fails it will further bolster the Civil Rights suit Mr Brewington has filed against these individuals. It is a suit he will almost certainly win. We the tax payers of Dearborn County will bear that financial burden. We will deserve the cost of the judgment he will be awarded for having failed to make clear to our elected officials in the justice system that this sort of abuse of their authority is unacceptable in the first place.
As a former commissioner used to like to quote:
A. Dearborn Citizen
Some of you may have seen the occasional and sometimes voluminous posts of data pertinent to his prosecution. Some of you may have taken the time to read bits of his posts found at http://danbrewington.blogspot.com/, and a few, like myself, may have even taken the time to read most of what is there. So far, little direct commentary has been offered here on the subject, as we felt that the information and commentary elsewhere spoke for itself. We had fully expected that, at some point, those persisting in this prosecution would come to the realization that their efforts were both unwise and without foundation. Based on the attitudes exhibited in this post (http://danbrewington.blogspot.com/2011/09/how-to-fix-grand-jury-like-dearborn_29.html) it would seem that is not to be.
Perhaps it is a simple failing our educational institutions, but it seems odd that those who are at the core of our justice system in Dearborn County, supposedly possessing degrees in certification of higher learning could be so ignorant of what the Constitution really means in it's assertion of Free Speech. They profess a limit on this Freedom (and there surely are limits but not what they intend), then proceed to define that limit to serve their own interests. I offer what follows so that both you and they can understand the realities of the issue. Please bear with me and read on...
It is a grim time. It seems we live once again in a world like that of England of old, when a man could be imprisoned for criticizing the King or his Nobles. In those days such an act was called "Seditious Libel". These days, at least in Dearborn County, they call it "Intimidation". (When I compare the weblog postings upon which the prosecution depends, I can find little difference between what the prosecutor calls intimidation and the description of seditious libel below). In those days truth was not a defense and offenders were routinely crushed by those with the power to do so. It appears little has changed in all these years. While we have no Aristocracy (and certainly no nobility) to lord it over us, we have Sheriffs and Judges and a Prosecutor more than happy to take up that mantle.
Fortunately for the accused, these days we have something called the Constitution and the Bill of Rights, the very first amendment of which states:
"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
The following is a collection of excerpts relevant to Mr Brewingtons current situation from ...
Original Meaning: Freedom of Speech or of the Press
- Summary: Freedom of Speech or of the Press can be defined as the freedom from seditious laws of libel so people can openly discuss or criticize government policy or conduct of public agents without fear of being charged with a seditious crime.
The biggest modern error in understanding freedom of speech comes from viewing it as a right to be heard (or even seen) or the unfettered right to gain information that might later be used to create a public discussion. Such was never the purpose of the constitutional freedom.
Freedom of speech and of the press served one purpose in America: To remove the fear of the common law doctrine of seditious libel so citizens could freely speak or publish their grievances or concerns regarding public affairs or conduct of public officials. One of the distasteful things found under the common law was the government practice of criminalizing any discussion they felt made people dissatisfied with their government.
Seditious libel (or criminal libel as it was sometimes called) was generally defined as “the intentional publication, without lawful excuse or justification, of written blame of any public man, or of the law, or of any institution established by law.” (Stephen, History of the Criminal Law)
In England, it could be dangerous to criticize government, or peaceably assemble or petition government for redress of grievances because anything one might speak or write could end up being used against them under the charge of seditious libel where truth would be of no defense.
...How can we know for sure the freedom of speech or of the press means freedom from seditious libel? All early American laws over speech and the press dealt solely with breaches of the peace or public morality (blasphemy, obscenity, profanity, etc.), but never laws criminalizing public discussion of public measures, grievances or criticism of public officials.
...
Benjamin Franklin, writing in The Pennsylvania Gazette, April 8, 1736, wrote of the American doctrine behind freedom of speech and of the press:
...Freedom of speech is a principal pillar of a free government; when this support is taken away, the constitution of a free society is dissolved, and tyranny is erected on its ruins. Republics and limited monarchies derive their strength and vigor from a popular examination into the action of the magistrates.
The Democratic-Republican caucus included the following in their 1800 platform: “An inviolable preservation of the Federal constitution, according to the true sense in which it was adopted by the states. … Freedom of speech and the press; and opposition, therefore, to all violations of the Constitution, to silence, by force, and not by reason, the complaints or criticisms, just or unjust, of our citizens against the conduct of their public agents.”
...
Thomas Cooley hit the ball out of park when he wrote of the freedom found under American constitutions:
Their purpose (of the free-speech clauses) has evidently been to protect parties in the free publication of matters of public concern, to secure their right to a free discussion of public events and public measures, and to enable every citizen at any time to bring the government and any person in authority to the bar of public opinion by any just criticism upon their conduct in the exercise of the authority which the people have conferred upon them. … The evils to be prevented were not the censorship of the press merely, but any action of the government by means of which it might prevent such free and general discussion of public matters as seems absolutely essential to prepare the people for an intelligent exercise of their rights as citizens.
Finally, as Mr. Brewington's prosecution now proceeds apace, I would suggest that regardless of the outcome of this trial the Citizens of Dearborn County will be the losers. If Mr. Brewington is convicted we will all be on notice that there are no limits to what we may suffer at the hands of our local justice system and those who operate it as if the Bill of Rights never existed. Open your mouth or get out of line, crime or no crime, and you can expect to spend six months in jail, even without a trial. If Mr. Brewington is convicted, given that the charges are almost completely baseless and his defense has been utterly incompetent, it will almost certainly be overturned on appeal, meaning all of our tax dollars spent on this pointless personal vendetta will have been wasted. Additionally, if the prosecution fails it will further bolster the Civil Rights suit Mr Brewington has filed against these individuals. It is a suit he will almost certainly win. We the tax payers of Dearborn County will bear that financial burden. We will deserve the cost of the judgment he will be awarded for having failed to make clear to our elected officials in the justice system that this sort of abuse of their authority is unacceptable in the first place.
As a former commissioner used to like to quote:
The penalty good men pay for indifference to public affairs is to be ruled by evil men. -Plato
A. Dearborn Citizen
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